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Canada Reintroduces Military Justice Overhaul, Shifting Sexual Offence Cases to Civilian System

The proposal transfers sexual offence cases in Canada to civilian authorities in line with core recommendations by two independent reviews.

Overview

  • Defence Minister David J. McGuinty tabled the Military Justice System Modernization Act, reviving reforms that lapsed when Bill C-66 died with prorogation in January 2025.
  • The bill would give civilian police and courts exclusive jurisdiction over Criminal Code sexual offences committed in Canada, implementing Recommendation 5 from Louise Arbour’s review.
  • Eight recommendations from Morris J. Fish’s independent review are addressed, including making the Provost Marshal General, Director of Military Prosecutions, and Director of Defence Counsel Services Governor‑in‑Council appointments to reduce command influence.
  • Proposals include expanding eligibility for military judge appointments to non‑commissioned members, excluding military judges from the summary hearing system, and widening access to Victim Liaison Officers.
  • Amendments would align sex‑offender information and publication‑ban provisions with recent Criminal Code changes, while progress on all 48 IECR recommendations continues under External Monitor Jocelyne Therrien.