Should the military be removed from jurisdiction over criminal sexual offences? What effective echo for the work of civilian judges on the reform of Canadian military justice in matters of sexual assault and gender discrimination?
| author | David Gilles () |
| journal | RIDP Libri (ISSN: ) |
| volume | 2026 |
| issue | Military Justice: Historical Perspectives and Contemporary Developments |
| section | Part 2 - Military justice today |
| date of publication | July 15, 2026 |
| language | English |
| pagina | 205 |
| OID | |
| abstract | Military court jurisdiction has historically been subject to important limits. The tension between maintaining military readiness and ensuring civilian legal standards appears in discussions about military justice reform and about military operationality especially on the sexual misconduct issue. One of the key issues appears to be the reform of the military justice system with more powers for civilian judges. In the two recent former civilians’ judges independent last reviews of the military justice system (conducted by former Supreme Court Fish and Arbour), there have been observations about alignment with civilian norms. The Fish Report discussed the institutional independence of military judges and noted safeguards in place and the Arbour Report focused on sexual misconduct crises in the Canadian military Forces. The purpose of this paper will be to determine whether it is necessary to resolve this situation - that is weakening the CAF - to change the status of military judges, as the Supreme Court recently ruled, or to withdraw jurisdiction over criminal sexual offences from the army, as proposed by Justice Arbour and the current legislative reform. The reform of Bill C-11, adopted by the Canadian Parliament in November 2025 directly responds to recommendation No. 5 of the Arbour report (2022), which called for exclusive civil jurisdiction to restore victims' confidence in the face of low conviction rates (~45%) and delays in court martial proceedings. |

