Military Justice System Modernization Act

Summary#

• This bill updates Canada’s military justice system. It aims to increase independence, improve support for victims, and align military rules with recent Criminal Code changes.
• A major change: sexual offences alleged to have happened in Canada will be handled by civilian police and courts, not by the military.

Key changes

• Civilian system takes over: Military courts and military police lose jurisdiction to try or investigate sexual offences alleged in Canada. Military police may still act to stop harm, arrest, and secure evidence, then must hand the case to civilian police.
• More independence: New appointment and removal rules for the Provost Marshal General (head of military police), the Director of Military Prosecutions, and the Director of Defence Counsel Services. The Judge Advocate General’s oversight must respect their independence.
• Victims’ rights: Victims (or someone acting for them) can ask for a victim’s liaison officer. Courts and prosecutors must ensure victims and witnesses understand publication bans and how to change or end them.
• Military judges: The pool of eligible military judges expands to include officers or non-commissioned members who are lawyers and experienced CAF members. Military judges are removed from the summary hearing system and cannot be charged with service infractions.
• Sex offender registry rules: Military court orders related to the Sex Offender Information Registration Act are updated to match recent Criminal Code changes, including when orders are automatic, how long they last, and how to seek exemptions or changes. Superior courts can hear some applications tied to past military orders.
• Title change: “Canadian Forces Provost Marshal” becomes “Provost Marshal General,” with a minimum rank of brigadier-general and an annual public report to the Minister of National Defence.

What it means for you#

• Military members

  • If accused of a sexual offence alleged in Canada, your case goes to civilian police and courts. Military police may arrest and secure evidence right away but must transfer you and the evidence to civilian authorities as soon as feasible.
  • Other service offences remain under the military system.
  • Military judges will not run summary hearings, and judges cannot be charged with service infractions.
  • New leadership rules aim to keep prosecutions and defence services independent. Acting appointments over 90 days need higher approval.
  • If you are military police, you must file an interference complaint if you believe someone improperly interfered with policing duties.

• Victims and witnesses (including CAF members and their families)

  • You can ask for a victim’s liaison officer, or have someone ask on your behalf, to help you understand and get information about your case.
  • You will be told about publication bans, asked if you want one to apply to you, and informed about your right to change or end it.
  • If you want a publication ban varied or revoked, the prosecutor must apply on your behalf when you ask.

• Military police

  • You no longer investigate sexual offences alleged in Canada, beyond immediate steps to stop harm, arrest, and preserve evidence. You must transfer people and evidence to civilian police quickly.
  • You must make an interference complaint if you believe someone improperly interfered with policing duties. Victims or affected persons can also file such complaints.
  • The Provost Marshal General reports to the Minister on policing responsibilities, receives any written general instructions, and must make those instructions public.

• People with military-related sex offender registry orders

  • The bill updates how long orders last and when they are automatic, to match the Criminal Code.
  • You may apply to be exempt from certain past orders or to vary a life order’s duration in defined cases. If you are no longer under military jurisdiction, a superior court can hear your application.

• Civilian police and courts

  • You will handle investigations and trials of sexual offences alleged in Canada that involve CAF members.
  • Superior courts gain jurisdiction to hear some applications to exempt or vary past military sex offender registry orders.

• Timing

  • Some parts take effect on dates set by the government. Ongoing military investigations of affected sexual offences must be transferred to civilian police within a set period after the law takes effect, unless charges were already laid.

Expenses#

No publicly available information.

Proponents' View#

• Moves sexual offence cases to civilian police and courts, which supporters say will build trust and encourage reporting.
• Strengthens independence of key military justice roles and clearly limits interference.
• Improves support and information for victims, including control over publication bans.
• Aligns military law with recent Criminal Code changes, creating clearer and more consistent rules.
• Raises the status and transparency of military policing (new title, rank, and annual public reporting).

Opponents' View#

• Shifting sexual offence cases to the civilian system could strain local police and courts and slow cases, especially near remote bases.
• Removing military police from these investigations in Canada may hinder swift discipline or evidence gathering on bases.
• Allowing the Minister to issue instructions (even with transparency rules) may be seen as centralizing influence over prosecutions and policing priorities.
• Changes to sex offender registry orders and new application routes add complexity and may cause confusion for some affected people.
• Implementation will require training and new procedures across CAF units and may face transitional challenges.