Protecting Victims Act (S.C. 2026, c. 19)
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Assented to 2026-06-18
R.S., c. N-5National Defence Act (continued)
Amendments to the Act (continued)
156 (1) Subsections 183.1(1) and (2) of the Act are replaced by the following:
Marginal note:Support person or animal — witnesses under 18 or who have disability
183.1 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Marginal note:Victims — certain offences
(1.1) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Marginal note:Inquiry by court
(1.2) If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
Marginal note:Other witnesses
(2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice.
(2) Subsection 183.1(6) of the Act is replaced by the following:
Marginal note:No adverse inference
(6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
157 (1) Subsections 183.2(1) and (2) of the Act are replaced by the following:
Marginal note:Testimony outside courtroom — witnesses under 18 or who have disability
183.2 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Marginal note:Victims — certain offences
(1.1) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Marginal note:Inquiry by court
(1.2) If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
Marginal note:Other witnesses
(2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice.
(2) Subsections 183.2(5) and (6) of the Act are replaced by the following:
Marginal note:Conditions of exclusion
(5) A witness shall not testify outside the courtroom in accordance with an order made under subsection (1), (1.1) or (2) unless arrangements are made for the accused person, the military judge and, if a General Court Martial has been convened, its panel to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused person is permitted to communicate with counsel while watching the testimony.
Marginal note:No adverse inference
(6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
158 Subsection 183.3(2) of the Act is replaced by the following:
Marginal note:Accused not to cross-examine victim — certain offences
(2) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the military judge shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination.
Marginal note:Inquiry by court
(2.1) If an application for an order under subsection (1) or (2) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
159 Section 189 of the Act is renumbered as subsection 189(1) and is amended by adding the following:
Marginal note:Considerations
(2) In deciding whether to adjourn the proceedings, the court martial shall consider the interests of military justice, including the interests of any victim of the service offence in question if information related to the victim’s interests is readily available.
160 The Act is amended by adding the following after section 196.1:
Division 6.01Unreasonable Delay
Definition
Marginal note:Definition of unreasonable delay
196.101 In this Division, unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms.
Jurisdiction
Marginal note:Jurisdiction not lost
196.102 A finding of unreasonable delay in respect of any proceedings does not deprive a court martial seized with those proceedings of jurisdiction in respect of the offence, the accused person or the offender.
Application
Marginal note:Stay of proceedings
196.103 A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Division.
Marginal note:Common law rules and principles
196.104 Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Division.
Notice to Victims
Marginal note:Reasonable steps to inform
196.105 (1) If an application for a finding of unreasonable delay is filed with the court martial, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application.
Marginal note:Court martial to inquire if notice given
(2) The court martial shall, at the time the application is heard, inquire of the prosecutor if reasonable steps have been taken to inform the victims, if any, of the filing of the application.
Marginal note:Notice of court martial’s decision
(3) The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision.
Marginal note:Decision not precluded
(4) The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court martial from making a decision in respect of the application.
Case Complexity
Marginal note:Case complexity — factors
196.106 (1) In determining whether there has been or will be unreasonable delay, the court martial shall consider whether there are any relevant factors that contributed or will contribute to making the case complex.
Marginal note:Applications and motions — factors
(2) If the case involved or will involve applications or motions, either before, during or after the trial, the court martial shall also consider the following factors in assessing whether the case is complex:
(a) the number of applications or motions;
(b) whether any of the applications or motions required or will require scheduling court martial dates separately and in advance of trial dates;
(c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions;
(d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions;
(e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions;
(f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated;
(g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and
(h) any factor that the court martial finds relevant in assessing the complexity of the applications or motions.
Days to Be Excluded
Marginal note:Exclusions — sexual offence proceedings
196.107 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods:
(a) in respect of any application made under section 180.002, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.003,
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
(b) in respect of any application made under section 180.03 or 180.1, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 180.04(1) or 180.11(1) to the persons referred to in subsection 180.03(5) or 180.1(5),
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
(c) in respect of any application made under section 180.17, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.18,
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application.
Marginal note:Exclusions — Canada Evidence Act
196.108 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods:
(a) in the case where an objection was made under subsection 37(1) of the Canada Evidence Act before a court martial and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined;
(b) in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined.
Marginal note:Exclusion — Canadian Security Intelligence Service Act
196.109 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined.
Marginal note:Actions not made in good faith
196.1091 For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 196.107 to 196.109, the court martial shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada.
Alternative Remedies to Stay of Proceedings
Marginal note:Alternative remedies to be considered
196.1092 (1) A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances.
Marginal note:Factors to be considered
(2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court martial shall take into account the following factors:
(a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;
(b) the impact that a stay of proceedings is likely to have on any victim of the offence;
(c) the prejudice that has been or would be suffered by the accused person or offender as a result of unreasonable delay;
(d) the public’s trust in the administration of military justice;
(e) the maintenance of discipline, efficiency and morale of the Canadian Forces; and
(f) the interest that society has in having a final decision on the merits.
161 Paragraph 203.6(3)(b) of the Act is replaced by the following:
(b) reading it in the presence and close proximity of any support person of the victim’s choice or a support animal;
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