QUESTION PERIOD — Justice
Canada Evidence Act
June 3, 2025
My question is for the Leader of the Government in the Senate.
Leader, victims’ advocates and legal experts are condemning the federal government’s use of national security laws to suppress key evidence in a violent assault case involving a Joint Task Force 2 soldier. Master-Corporal Michael Spence avoided serious charges after the Department of Justice Canada, at the military’s urging, invoked section 38 of the Canada Evidence Act — normally reserved to protect classified information in terrorism cases — to prevent the victim from discussing her abuser’s military role.
Leader, do you believe it is appropriate for the Canadian Armed Forces to use national security laws to shield perpetrators of intimate partner violence, regardless of their status, in an effort to silence victims in Canadian courts?
Thank you for your question, senator.
My understanding is that this government continues to recognize that gender-based intimate partner violence is a scourge — indeed, an epidemic — that requires urgent action. This government is firmly committed to protecting victims of sexual and intimate partner violence through legislation that will be introduced that will make murder motivated by hate, including femicide, a constructive first-degree offence. My understanding is that the government is determined to bring such legislation forward as soon as possible.
With regard to section 38 of the Canada Evidence Act, I’m not in a position to — nor would it be appropriate to — comment on individual cases. It is the role of the Attorney General of Canada, as I understand it, to invoke this section of the Canada Evidence Act to protect information that, if disclosed, could be harmful to international relations, national defence or national security. Beyond that, I’m not in a position to comment.
Thank you.
Retired Major Donna Van Leusden Riguidel, who works with battered military spouses and sexual trauma victims, said the government is sending the signal that it used national security to protect the reputation of Joint Task Force 2. The retired major said:
Somebody who is not able to control themselves and beats their spouse, causing grievous bodily harm, should not be deemed a good soldier and should be dismissed if they can’t control their anger.
Leader, what message does this send to women across Canada, especially those in military families, about whether the justice system will stand with them at a time when they are most vulnerable or whether it will put its efforts into protecting the institutions their abusers serve?
I understand the importance of this issue and the pain caused, certainly, to the victims and those properly concerned with victims. However, again, the invocation of section 38 by the Attorney General of Canada is something that deals with a specific case, and I’m afraid I am not in a position to comment further. That said, I do understand the preoccupation.
