Military Sex Offences Move to Civilian Courts

Summary#

This bill updates Canada’s military justice system. It strengthens the independence of key justice roles, changes who handles sexual offences, expands eligibility for military judges, adds victim supports, and aligns sex‑offender rules with recent Criminal Code changes. Most parts take effect on dates set by Cabinet; some take effect 60 days after Royal Assent (Coming into Force).

• Shifts all sexual Criminal Code offences alleged in Canada from military police and courts martial to civilian police and courts (NDA s.70(d)-(h), s.70.1).
• Lets military police act only to stop or prevent an offence and preserve evidence until civilian police take over (NDA s.70.2).
• Renames the Canadian Forces Provost Marshal to Provost Marshal General (PMG) and updates appointment, term, and reporting rules (NDA ss.18.3–18.6).
• Sets fixed, non‑renewable 7‑year terms and a formal inquiry process for the Director of Military Prosecutions (DMP) and the Director of Defence Counsel Services (DDCS) (NDA ss.165.1, 165.101; ss.249.18, 249.181).
• Expands who can be a military judge and removes military judges from the summary hearing system (NDA ss.162.5, 163(3), 165.21).
• Improves victim supports, publication‑ban procedures, and sex‑offender registration orders to match Criminal Code rules (NDA ss.71.16, 183.5–183.6, 227–227.23; Criminal Code s.490.04–490.06).

What it means for you#

• Households and victims

  • Civilian police and courts will handle sexual offences alleged in Canada, even if the accused is a Canadian Armed Forces (CAF) member (NDA s.70(d)-(h), s.70.1).
  • You or someone acting for you can ask for a victim’s liaison officer to be appointed to help you navigate the process (NDA s.71.16).
  • Judges and prosecutors must ask and inform victims and witnesses about publication bans, and victims can seek changes to those orders. Talking to a lawyer, health provider, or trusted person will not breach the ban (NDA ss.183.5–183.6).
  • Sex‑offender registration orders made by courts martial will follow Criminal Code‑like rules on when orders are mandatory, how long they last (10 years, 20 years, or life), and how to seek exemption, termination, or variation (NDA ss.227–227.23).

• CAF members (Regular and Reserve)

  • If accused of a sexual Criminal Code offence alleged in Canada, your case goes to civilian police and court. Military police may arrest and secure evidence but must transfer the case “as soon as feasible” (NDA s.70.2(4)).
  • For non‑sexual service offences, courts martial and the Code of Service Discipline continue to apply. Military judges cannot conduct or face summary hearings for service infractions (NDA ss.162.5, 163(3)).
  • The DMP and DDCS now have fixed 7‑year, non‑renewable terms, with an external judge‑led inquiry process for discipline or removal (NDA ss.165.1, 165.101; ss.249.18, 249.181).
  • The Judge Advocate General must respect the independence of the PMG, DMP, and DDCS (NDA s.9.2(1.1)).

• Military police

  • Your title changes to Provost Marshal General (PMG). Appointment requires at least 10 years of military police service; minimum rank is Brigadier‑General; term is up to 4 years “during pleasure.” An annual public report is required (NDA ss.18.3–18.6).
  • You must file an interference complaint if you believe someone improperly interfered with policing duties; victims or affected persons can also file (NDA s.250.19).
  • You may act to stop an ongoing sexual offence in Canada, arrest, and preserve evidence, but you cannot investigate these offences beyond immediate measures and must hand over to civilian police promptly (NDA s.70.1; s.70.2).
  • Ongoing sexual‑offence investigations in Canada must be transferred to civilian authorities within 60 days of the in‑force date if no charge or information has been laid (Transitional — Transfer of ongoing investigations).

• Accused persons and registered offenders

  • Courts martial must make sex‑offender orders in set cases (for example, where the victim is under 18 and a 2‑year+ sentence is imposed) and apply a balancing test in others. You may apply for exemption, termination, or to vary life‑duration orders, with specified factors and reasons required (NDA ss.227.01–227.23).
  • If you are no longer under military jurisdiction, you may apply to a superior court of criminal jurisdiction for exemption or variation relating to orders made under the National Defence Act (Criminal Code ss.490.04–490.06; NDA ss.227.22–227.23).

Expenses#

• Estimated net cost: Data unavailable.

• Key points

  • The bill carries a Royal Recommendation to use public funds, but it sets no explicit dollar amounts or new fees/taxes (Preamble — Minister of National Defence Recommendation).
  • No appropriations, transfers, or revenue changes are specified in the text. Administrative and implementation costs are not quantified (Data unavailable).
  • Civilian justice system resource impacts, if any, are not quantified (Data unavailable).

Proponents' View#

• Moves sexual offence cases to civilian police and courts to increase perceived independence and trust, while allowing military police to act immediately to protect safety and evidence (NDA s.70(d)-(h), s.70.1–70.2).
• Strengthens institutional independence by clarifying the JAG’s duty to respect the autonomy of the PMG, DMP, and DDCS (NDA s.9.2(1.1)).
• Professionalizes leadership: fixed terms and judge‑led inquiry processes for DMP and DDCS reduce conflicts and set clear grounds for suspension or removal (NDA ss.165.1, 165.101; ss.249.18, 249.181).
• Improves victim support with liaison officers on request, clearer duties to consult and inform on publication bans, and easier processes to vary or revoke orders (NDA s.71.16; ss.183.5–183.6).
• Modernizes sex‑offender registration to align with Criminal Code reforms, including standardized durations, mandatory orders in serious cases, and clear exemption/variation routes, with RCMP database updates on exemption (NDA ss.227–227.23; Criminal Code ss.490.04–490.06).
• Expands the pool of military judges by allowing qualified non‑commissioned members to serve, which could aid recruitment and diversity (NDA s.165.21).

Opponents' View#

• Implementation risk: mandatory transfer of ongoing sexual‑offence investigations within 60 days may strain handovers and create short‑term delays or case management challenges (Transitional — Transfer of ongoing investigations).
• Jurisdictional complexity: military police may arrest and preserve evidence but cannot investigate these offences, which could cause uncertainty at the scene until civilian police arrive (NDA s.70.1; s.70.2).
• Independence trade‑off: the PMG holds office “during pleasure,” while DMP and DDCS have “good behaviour” terms, which may be seen as uneven protections for independence (NDA ss.18.3(3), 165.1(2), 249.18(2)).
• Ministerial instructions: the Minister may issue case‑specific directions to the DMP, with public release possibly delayed until after the case, raising concerns about perceived prosecutorial independence despite transparency rules (NDA s.165.17(3), (5)).
• Uncosted impacts: the bill contains no fiscal estimates for new reporting, training, or transfer protocols, and potential load on civilian police and courts is not quantified (Data unavailable).