Military justice reforms come into force

Summary#

This Order fixes June 20, 2022 as the day when sections 1 to 62 of An Act to amend the National Defence Act and to make related and consequential amendments to other Acts come into force. In plain terms, it brings into force most of the changes to Canada’s military justice rules that Parliament approved in 2019.

What it does#

• Brings into force a new Declaration of Victims Rights (DVR) in the Code of Service Discipline (CSD). That gives victims of service offences new, statutory rights to:
  • information about the process and case status;
  • protection and privacy measures;
  • participation (to convey views to decision-makers); and
  • consideration of restitution orders.
• Creates a Victim’s liaison officer (VLO) role to help victims (who can be military members, their families, or members of the public) understand and use their rights.
• Adds a complaints route for victims who believe their rights under the DVR were denied.
• Changes court martial procedures so judges must consider:
  • community impact statements and military impact statements describing harm to the broader community and to discipline, efficiency, or morale; and
  • protections for vulnerable witnesses (for example, non-disclosure of identity, support persons, testimony outside the courtroom, and limits on accused cross-examination).
• Introduces new summary-conviction offences to enforce certain court martial publication and privacy orders.
• Replaces the old summary trial system with a non-penal, non-criminal summary hearing process for minor unit-level discipline:
  • these will cover regulated “service infractions” (not criminal offences);
  • they will not produce a criminal record;
  • possible sanctions include reduction in rank, severe reprimand, reprimand, deprivation of pay and allowance, and other minor sanctions set by regulation.
• States that an aggravating factor for sanctions is if a service infraction was motivated by bias, prejudice or hate based on gender identity or expression.
• Notes that supporting changes to The Queen’s Regulations and Orders for the Canadian Forces (QR&O) and some related amendments in other Acts will come into force at the same time.

Who's affected#

• Canadian Armed Forces (CAF) members and their chain of command.
• Victims of service offences, including CAF members, their families, and members of the public who interact with the military.
• Accused service members facing court martial or unit-level discipline.
• Military legal staff, commanders, and those who run or support military justice processes.
• The broader public may be affected when victims are protected or when publication restrictions are enforced.

Why it matters#

• Victims in the military justice system get clearer, statutory rights similar to those in the civilian system. That may make it easier for victims to participate and feel protected.
• Replacing summary trials with non-criminal summary hearings means some minor discipline issues will no longer leave a criminal record. That affects careers and lives of service members.
• New witness protections and publication rules aim to make court martial proceedings safer for vulnerable people and to preserve privacy.
• These changes are intended to make military justice more efficient and to strengthen discipline and morale in the CAF.