Military police leaders confirm transfer of sexual misconduct cases to civilian justice system

The senior leaders who oversee Canada's military police say they have started the process of transferring sexual misconduct investigations to the civilian justice system — a change they describe as "appropriate and necessary."

The announcement comes a day after Defence Minister Anita Anand confirmed the change, which was recommended by a retired judge investigating sexual harassment and misconduct within the military.

Allegations of sexual harassment and misconduct in the ranks are usually investigated by the military police, but that practice has come under intense scrutiny in recent months as a sexual misconduct crisis has engulfed the military.

Since early February 2021, 11 current and former senior Canadian military leaders have been sidelined, investigated or forced into retirement from some of the most powerful and prestigious posts in the defence establishment.

"Although military police investigators and military prosecutors possess the professional skills, dedication and competence to investigate and prosecute criminal and disciplinary offences, we recognize that this has not been enough to build and maintain trust and confidence in the military justice system," said the Canadian Forces provost marshal and the director of military prosecutions in a joint media statement.

Brig.-Gen. Simon Trudeau and Col. Dylan Kerr currently serve in those respective roles. 

The Canadian Forces provost marshal is appointed by the chief of the defence staff to oversee the military police and to provide advice on policing issues. The director of military prosecutions runs the military's prosecution arm, which has the power to decide which cases proceed, and is also responsible for prosecuting those cases in court.

The two offices said work is now underway that will "establish a framework to give precedence to the exercise of civilian jurisdiction" in cases of sexual assault or other criminal offences that are sexual in nature.

The statement did not say when that transfer of authority will be complete. 

Anand also did not provide a timeline for the change when she announced the news on Thursday.

The interim recommendation was made by retired Supreme Court justice Louise Arbour, whose investigation of sexual misconduct in the military is not yet complete.

The federal government says it will wait until Arbour's report is finished before deciding if the move to the civilian courts will become permanent.

The Canadian Forces provost marshal and the director of military prosecutions added that anyone involved in a sexual misconduct case currently being investigated by the military police should expect to be contacted in the coming days.

"To victims, who are at the forefront of all that we do, rest assured that the military police will support you throughout any transfer process to the civilian justice system," the statement said.