New law to strip Canada's military of power to handle sexual assault cases

Politics·NewNew law to strip Canada's military of power to handle sexual assault casesThe Liberal government is set to strip the Canadian Armed Forces of its power to investigate and prosecute military sexual assault cases after almost 30 years. Bill C-11 is based on new Governor General Louise Arbour's past recommendation when she investigated the military's sexual misconduct crisis.Law based on Governor General's past recommendation, but includes a reviewAshley Burke · CBC News · Posted: Jun 18, 2026 12:32 PM EDT | Last Updated: 13 minutes agoPlayListen to this articleEstimated 5 minutesThe audio version of this article is generated by AI-based technology.

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Gen. Louise Arbour is now the commander-in-chief of Canada. Years before she assumed the role, the former judge recommended reforms to how sexual misconduct in the military is investigated.

(Spencer Colby/The Canadian Press)Social SharingThe Liberal government is set to strip the Canadian Armed Forces of its power to investigate and prosecute military sexual assault cases after almost 30 years. Bill C-11 passed in the House of Commons on Thursday and is expected to receive royal assent in the coming days, enshrining into law that all sexual offences involving military members must be handled exclusively by civilian police and courts.The move is based on a key recommendation by former Supreme Court justice Louise Arbour, who has since become Governor General.

Arbour's 2022 report called on the government to revoke the military's authority over these crimes because she found its handling of sexual offences over the decades eroded public trust.The Senate added a caveat to the bill requiring a mandatory external review in three years to decide if the law should be repealed.Government House Leader Steven MacKinnon said the Liberals passed the bill with the review because of “simplicity.""

Getting it done rather than continuing to ping pong with the Senate," he said Thursday.Sen. Rebecca Patterson, a retired rear admiral, said on June 11 that the amendment "gives the proper study to have a look at what this is doing to victims."

The government tasked Arbour five years ago with investigating the military's sexual misconduct crisis that saw roughly a dozen current and former military leaders facing allegations.WATCH | More about Arbour's report:Military sexual misconduct investigations should move to criminal courts, report saysMay 30, 2022|Duration 2:49In a new report, former Supreme Court justice Louise Arbour says the Canadian military should permanently move sexual offence investigations into civilian criminal courts, citing past mismanagement of sexual misconduct allegations and an overall resistance to change.Arbour's sweeping report flagged serious concerns with the independence and competence of military investigators, prosecutors and the justice system.

She called on the government to change the law so the civilian justice system has complete control over sexual offences. The military was given concurrent powers to investigate and try cases in 1998.Military sexual misconduct survivors and advocates raised a range of concerns to MPs and senators studying the bill.

They said the civilian system is overburdened, the military has greater access to evidence and perpetrators involved in less serious acts might not be held accountable in civilian courts.Liberals restore bill containing incoming GG's recommendation for Canada's militaryLiberal bill to strip military from handling sexual assault cases facing resistanceConservative MPs amended the bill to give victims the right to choose if military or civilian authorities handle sexual offence cases, which some had called for. When the Liberals secured a majority government, they dropped that change and restored the bill to what Arbour intended.

Arbour's report said giving victims the choice between the military or civilian judicial system places them in an "untenable position." They may regret their choice later if there's an acquittal and always wonder if they should have picked the other system, Arbour wrote. WATCH | More about civilian investigations of military cases:Civilian police rejected half of sexual offence files sent from militaryJune 3, 2022|Duration 2:48Civilian police have rejected half of the sexual offence files sent from the Canadian Armed Forces, claiming it's too much of a workload increase.

It’s leaving victims in limbo as their cases are sent between military and civilian courts.No data tracking outcomesThe mandatory review must also include statistics about how many offences were prosecuted in civilian courts and the outcomes of those cases. The federal government hasn't been gathering that data.

The government ordered the military in 2021 to transfer all sexual assault cases to civilian authorities based on an early recommendation by Arbour. But CBC News has reported on a range o