122/26, Coming into force of legislative changes impacting the Military Justice System

CANFORGEN 122/26 JAG 003/26 170800Z JUL 26

1. National Defence Act
2. Bill C-11, Military Justice System Modernization Act (2026, Chapter 16)
3. Bill C-9, Combatting Hate Act (2026, Chapter 15)
4. Bill C-14, Bail and Sentencing Reform Act (2026, Chapter 11)
5. Bill C-16, Protecting Victims Act (2026, Chapter 19)
6. Report of the Third Independent Review Authority to the Minister of National Defence
7. Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces
   1. Four bills impacting the military justice system, Canadian Armed Forces (CAF) members and other persons subject to the Code of Service Discipline were recently passed by Parliament and received Royal Assent. This message informs the CAF of the resulting legislative changes.
   2. Queen’s Regulations & Orders and related policies will be amended to align with these amendments to the National Defence Act (NDA). During the interim period and where there are discrepancies between existing regulations and the amended NDA, the NDA prevails.
   3. Bill C-11 – The Military Justice System Modernization Act introduces significant amendments to the NDA. These amendments respond directly to key recommendations from refs F and G.
      1. Effective 17 August 2026, CAF members will no longer have authority to investigate new Criminal Code Sexual Offences (CCSOs) alleged to have been committed in Canada for the purpose of the laying of a charge under paragraph 130(1)(a) of the NDA or the Criminal Code.
      2. Courts martial will no longer have jurisdiction over CCSOs alleged to have been committed in Canada. The list of applicable offences will be included at section 70 of the NDA.
      3. As announced by the Canadian Forces Provost Marshal, since 15 June 2026, new reports of criminal sexual offences or other offences of a sexual nature that fall within the scope of Bill C 11 are referred to civilian police services. Military Police continues to respond to CCSOs to ensure the safety of the Defence community and to guide and support affected individuals through the transition process.
      4. CAF members continue to be authorized to take necessary action to prevent the commission, continuation or repetition of a CCSO prior to the arrival of the civilian authority with jurisdiction in the matter. This includes making an arrest, conducting a search incident to the arrest, and securing and preserving evidence. Any person arrested and evidence secured or preserved must be transferred to civilian authorities as soon as feasible.
      5. Further guidance will be issued in the coming weeks.
      6. Additional amendments to the NDA will come into force on dates set by Order in Council, including measures to:
         1. Modify the appointment process and tenure for the Canadian Forces Provost Marshal, to be retitled the Provost Marshal General, the Director of Military Prosecutions and the Director of Defence Counsel Services;
         2. Affirm the Judge Advocate General’s respect for the independence of military justice authorities when exercising the superintendence of the administration of military justice;
         3. Expand eligibility for appointment as a military judge;
         4. Broaden access to and requirements for interference complaint; and
         5. Expand access to Victim’s Liaison Officers under the Declaration of Victims Rights (DVR).
   4. Bill C-9 – The Combatting Hate Act, in force 18 July 2026, creates new Criminal Code hate related offences. These offences, incorporated into the Code of Service Discipline pursuant to section 130 of the NDA, include:
      1. Offences motivated by hatred based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression.
      2. Wilful promotion of hatred through terrorism or hate symbols.
      3. Conduct intended to impede access to religious or cultural spaces through obstruction or interference.
   5. Bill C-14 – The Bail and Sentencing Reform Act, in force 15 July 2026, aligns the NDA with Criminal Code amendments by requiring courts martial determining an appropriate sentence following conviction of a service offense to:
      1. Place greater emphasis on denunciation and deterrence for offences involving criminal organizations.
      2. Consider new aggravating factors related to repeat violent offending, offences against first responders, commercial theft and specified property offences.
   6. Bill C-16 – The Protecting Victims Act, in force 18 July 2026, aligns the NDA with amendments to the Criminal Code and the Canadian Victims Bill of Rights. Key changes include provisions reinforcing victims’ rights to be treated with respect, courtesy, compassion and fairness by:
      1. Requiring that commanding officers, the Director of Military Prosecutions, the Canadian Forces Provost Marshal and other appropriate authorities in the military justice system provide victims with information about their rights under the DVR.
      2. Affirming victims right to information about protection measures available to them in the military justice system.
      3. Strengthening identity protection rights.
      4. Enhancing greater access to testimonial aids including support animals for victims of certain offences.
      5. Streamlining sexual offence trial procedure in alignment with the Criminal Code, applicable to CCSOs alleged to have been committed outside of Canada.
      6. Providing courts martial with explicit authority to prohibit contact with victims, witnesses or others following convictions for CCSOs or intimate partner offences.
      7. Adding NDA provisions addressing trial delay.
   7. Commanding officers are to ensure that victims are provided with information about their rights under the DVR.
   8. Commanders at all levels are encouraged to ensure broad dissemination of this CANFORGEN.
   9. Questions regarding the impact of these changes should first be addressed to unit legal advisors. Inquiries may also be sent to DLAW MJ Ops at JAG_MJ_Ops@forces.gc.ca.
   10. The Defence Community Support and Resource Centre (DCSRC), formerly the Sexual Misconduct Support and Resource Centre, remains a steady source of support for victims and survivors. Assistance is available at any time at 1-844-750-1648 or by email at dnd.dcsrc-csrcd.mdn@forces.gc.ca.