House of Commons Hansard #193 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was amendments.

Topics

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

December 6th, 2012 / 3:45 p.m.

NDP

Sana Hassainia NDP Verchères—Les Patriotes, QC

Mr. Speaker, I would first like to thank my colleague for her speech. I would like her to talk about the reform of the grievance system.

The NDP proposed an amendment that stipulates that at least 60% of the members of the grievance board must not be former officers or members of the Canadian Forces. This amendment was adopted in March 2011 as part of Bill C-41, but it was not retained in Bill C-15.

Could my colleague tell us why it is so important to include this new amendment?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

3:45 p.m.

NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague for the question.

It is an important amendment, which affects the composition of the grievance board. Currently, retired or former members who left the Canadian Forces as recently as a couple of years ago, sit on the committee. This means that the door is still open to conflicts of interest and other problems.

Justice and fair procedures for all are a must. This is why the amendment was introduced. I would like to reiterate just how important it is that the work done in committee—were the bill to be adopted at report stage—include this type of amendment, which has already been approved by members of all stripes in this House. Work done in the past must not go by the wayside and should be taken into account in the committee's current work.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

3:45 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the NDP members always work in good faith, but on the bill we tried hard at committee to bring forward reasonable amendments that would actually strengthen it in terms of military justice and that bill was thrown out. Now the new bill suddenly does not include the amendments that were made at committee.

It raises a lot of questions about how the government responds to other parties in the House. This high and mighty, arrogant attitude is very worrying. Would the member comment on that? Maybe she has had experiences in her own committee on that.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

3:50 p.m.

NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague very much.

Unfortunately, every opposition member has experienced this kind of situation, whether in committee or the House. We are all, unfortunately, familiar with the intransigence of a majority government, and that is not the way things should work.

Our experience today of Bill C-15 is a reminder of what has occurred previously in this House, whether in relation to omnibus bills or other problems that have warranted consideration in committee. For example, Quebec's centre for maritime research and rescue has been denied a voice in every forum it has sought one. What we are seeing here is symptomatic of what can be found in all Conservative bills: contempt for the opposition, nothing less.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

3:50 p.m.

NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I am obviously very honoured to be here in this House to discuss Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, which we are examining today.

On this side of the House, we believe that this bill is a step in the right direction, but it is unfortunately a small step. We believe that military justice must be a part of Canada's justice system as a whole. Military justice laws must be consistent with other laws in our justice system, particularly when it comes to the principles of fundamental rights. Military justice must be fair and equitable so that it does not negatively affect discipline and so that it helps maintain morale among our troops. Our soldiers volunteer to participate in our armed forces. They must always be entitled to fair treatment.

During the study on a bill that dealt with the same issue, we tried to ensure that the military justice system procedures were effective and consistent with the need for disciplinary issues to be resolved quickly. However, efficiency and speed should not trump the fundamental principles of justice. Just because they are members of the military does not mean that the fundamental principles of justice do not apply to them.

The origins of this bill date back to 2003. I would like to provide some background so hon. members understand its origin and scope. In 2003, the Right Hon. Justice Antonio Lamer, former Chief Justice of the Supreme Court of Canada, submitted a report on the independent review of the National Defence Act. This report contained 88 recommendations on various military justice issues.

The government introduced Bill C-15, in response to this report and its recommendations. I must point out that, of the 88 recommendations in the report, only 28 were included in this bill. The provisions in Bill C-15 appeared in other bills that were previously introduced in Parliament. There was Bill C-7 and Bill C-45, which both died on the order paper.

In July 2008, the government introduced Bill C-60 to simplify the court martial structure and establish a system for choosing the court martial format that would harmonize best with civilian justice. In 2009, the Standing Senate Committee on Legal and Constitutional Affairs examined Bill C-60 and made nine recommendations for amendments to the National Defence Act. In 2010, Bill C-41 was introduced to respond to the 2003 Lamer report and to the Senate committee's 2009 report.

When the committee studied the bill, it approved some of these amendments, which would have resolved some of the problems raised by the bill. Oddly enough, they are not included in Bill C-15, which has been introduced and is before us.

Some of these amendments had been proposed by the Judge Advocate General as compromises to correct the system in an acceptable manner. They removed certain offences from the list of those that would not result in a criminal record. However, the government simply deleted these amendments when drafting Bill C-15.

That is the extent of the Conservatives' respect for the work of Parliament. Unfortunately, they believe that they can do as they wish without regard for the previous work of Parliament because they have a majority. Basically, Bill C-15 is similar to the version of Bill C-41 introduced by the Senate committee in the last Parliament. However, that bill contained the provisions of bills C-7 and C-45, which died on the order paper, as I mentioned.

The provisions in the bill were not included in Bill C-60. The bill also implemented the recommendations made by Justice Lamer in 2003 and those made by the Senate committee in 2009. At committee stage of Bill C-41, my colleagues on the Standing Committee on National Defence proposed amendments to Bill C-41 to lengthen the list of offences that could be considered minor. My colleagues believed that these minor offences did not warrant a criminal record. The proposed amendments also would have lengthened the list of penalties that could be set by a tribunal without resulting in a criminal record.

However, many of the amendments proposed for Bill C-41 were, unfortunately, not included in Bill C-15. Although it contains some worthwhile provisions, Bill C-15 also has some shortcomings. If the bill makes it through second reading, we hope to be able to discuss those shortcomings and ensure that the bill will make the military justice system as fair and effective as possible.

I would like to focus on the provisions concerning summary trials, since some of them, as they are written, could have serious consequences for soldiers, particularly during their transition to civilian life.

A summary trial is one where the chain of command is allowed to judge subordinate soldiers. It is important to point out that these trials are held without lawyers, without a jury, without a system of evidence and without witnesses, unlike in the civilian justice system. Over 95% of military trials are summary trials. A conviction in a summary trial sometimes results in a criminal record. There is no recourse and no transcript of the proceedings. This is too severe for members of the Canadian Forces who are convicted of minor offences.

These minor offences include insubordination, quarrels, misconduct, absence without leave, drunkenness and disobedience of a lawful command. These offences are undoubtedly very important for military discipline, but do not necessarily call for a criminal record.

In committee last March, the NDP proposed amendments to Bill C-41 to increase from five to 27 the number of offences that could be considered minor and would not merit a criminal record if a minor sentence were imposed. The amendment also added to the list of penalties a tribunal may impose without giving the offender a criminal record, for example, a severe reprimand, a reprimand, a fine equal to one month's salary and any other minor sentences. These amendments were very important to us, and that is why we want them to be included in Bill C-15.

A criminal record can make soldiers' lives very difficult after they leave the military. A criminal record can make it hard for veterans to get a job, rent an apartment, travel or get insurance. Many Canadians would be shocked to learn that the soldiers who so bravely served our country could end up with a criminal record because of flaws in the military justice system.

I have seen first-hand the problems experienced by some veterans during their transition to civilian life and I know it has been extremely difficult for some. As I said, I am a member of the Standing Committee on Veterans Affairs. Veterans shared their concerns with us loudly and clearly and talked about the obstacles they face in their transition to the civilian world. It is hard for veterans, especially for injured veterans, to find work in the civilian world. Considering the number of veterans working in the public service, it is clear that priority hiring for veterans is not always respected.

The private sector, and especially the construction industry, is trying to do its part, but this private sector initiative is not available to all veterans, since it is not available in all provinces. Veterans therefore have to obtain educational equivalencies for the training they received during their service. If they are saddled with a criminal record on top of that and have to go through the commission to get a pardon, which costs $600, we are doing nothing to help them reintegrate properly into civilian life.

As I said earlier, we would like the bill to include these provisions.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, once again I listened with interest to the disinformation that my hon. colleague included in his remarks. The Minister of National Defence has indicated that he will bring the criminal record issue back to committee, so the member should calm down.

One of the other things he said was that the make-up of the grievance committee was not supported by the government in the committee. I was there and it was not supported, as were a bunch of others not supported. For the member to suggest that all of these things that had been previously supported by the government and are now is simply false. Bill C-41 died on the order paper because of the opposition calling an unnecessary election.

My colleague mentioned that only 29 recommendations have been implemented. Eighty-one of those recommendations were accepted, 29 were implemented and another 36 are in fact contained in Bill C-15. If he and his party want to make progress, because it was said earlier this is a step in the right direction, we should just get on with it and get it to committee where amendments that need to be made can be debated. Let us just get on with it, please.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4 p.m.

NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I thank my hon. colleague for his observations and comments. Since we are on the subject, we would really like to see the amendments to the previous bill included in this one. We want to update all of those things. Bill C-15 is a step in the right direction. However, a lot more could be done to make the military justice system more consistent and more equitable for some people who have to face military justice, sometimes for offences that are more like insubordination. When that happens, as I said, they get stuck with a criminal record. In our opinion, the bill should go even further and include more summary offences that could be—

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Questions and comments.

The hon. member for Brome—Missisquoi.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I thank my colleague for his heartfelt speech.

Given that the United Kingdom, Australia, New Zealand and Ireland have already decided to change their summary trial processes, why is Canada lagging far behind on this important issue?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4 p.m.

NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I thank my colleague for his question. I especially thank him for pointing out that Canada is lagging behind other countries that have already updated their criminal justice systems.

Bill C-15 corrects some of the current shortcomings, but it does not go far enough, as I said earlier. We should be looking at the countries my colleague mentioned, as they went much further in reforming military justice. We obviously need to move in the same direction and follow their lead as we reform our military justice system.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I want to repeat something I mentioned to the previous speaker, because the allegation about criminal records is simply not true. The two Criminal Code offences that can be heard at summary trial that would result in a criminal record are assault and assault causing bodily harm. The vast majority of offences at summary trial do not result in a criminal record. The member should stop spreading inaccuracies.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:05 p.m.

NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, again, I want to thank my colleague for his question and remarks. I was under the impression that there were a few more offences that could result in a criminal record. That is something we need to look at. I believe that other offences can also lead to a criminal record. We must give this issue very serious consideration.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:05 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I am extremely pleased to rise, as my colleagues in the official opposition have done, to take part in the debate on Bill C-15.

Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, makes changes to the National Defence Act, in order to strengthen the military justice system. It provides for greater latitude in sentencing and in introducing new sentences, such as absolute discharge. It also sets out changes relating to intermittent sentences and restitution. It makes changes to the membership of the court martial panel according to the rank of the accused person, and to the summary trial limitation period, as well as making it possible to waive the one-year period at the request of the accused. It also sets out the responsibilities of the Canadian Forces provost marshal and the power of the Chief of Defence Staff as the final authority in the grievance resolution process.

The NDP believes these changes are a step in the right direction toward standardizing the military and civilian justice systems. In this regard, I would like to thank my colleague from Rimouski-Neigette—Témiscouata—Les Basques for his speech on this bill earlier in this House. He gave a very clear explanation of why standardization is necessary. He also provided some background for the bill which, we remember, results from the recommendations made by the Right Honourable Antonio Lamer, in his report—the “Lamer Report—on the independent review of the National Defence Act that was tabled in 2003, and the recommendations in another report, one by the Standing Senate Committee on Legal and Constitutional Affairs in 2009.

Essentially, Bill C-15 incorporates the provisions of Bill C-41 that was introduced in the last Parliament. However, not a single one of the NDP amendments that were adopted at committee stage late in the last parliamentary session is included in the bill before us today. There were three such amendments and they dealt with: the power of the Chief of Defence Staff in the grievance process set out in clause 6 as amended in Bill C-41, a measure deriving from one of the recommendations in the Lamer Report; changes to the membership of the grievance committee to ensure it is made up of at least 60% of civilians, as provided in clause 11 as amended in Bill C-41; and the provision ensuring that a person convicted of a service offence during a summary trial should not receive an unfair criminal record, as provided in clause 75 as amended in Bill C-41.

The NDP has called for amendments to be made to the military justice system for a long time now, but it is clear on reading this bill that this version is not satisfactory. It is for this reason that we will be voting against Bill C-15 at second reading. If the wording is passed at this stage, we hope that the debate in committee will allow for an in-depth analysis of the text and improvements to its content.

This bill has three major flaws: the reform of the existing summary process, the reform of the grievance system and the strengthening of the Military Police Complaints Commission.

I will discuss each of these points. First, the reform of the summary process system is unfair and too harsh towards the men and women of the Canadian Forces. If these individuals commit minor offences, they end up with a criminal record, which could be detrimental in a future civilian life.

I want to share an excerpt of a 2011 report by the British Columbia Civil Liberties Association regarding Bill C-41:

Presiding officers in summary trials may have a different focus. They are military officers, not judges, and their primary concern is likely to be unit discipline and deterring future violations, not the effect the sentence they impose will have on an accused in the civilian world.

We think that disciplinary action without a criminal record is more than enough in cases of insubordination, absence without leave or disobeying an order. One of the NDP's amendments proposed including in the list of minor offences all those that would not be placed on a criminal record. We want this proposal to be taken into consideration by the Standing Committee on National Defence.

As far as the reform of the grievance system is concerned, the NDP has already been critical of the composition of the grievance committees. One of the three amendments stated that civilians should make up at least 60% of the committee members, to ensure that there is an external review of grievances. This amendment was adopted and we hope it will be again during the study in committee.

The third amendment proposed by the NDP, as part of the study of Bill C-41, had to do with the authority of the Chief of Defence Staff regarding financial aspects of grievances. This amendment responded to one of the Lamer report recommendations. I should point out that the Minister of National Defence agreed with this one. He acknowledged that the Chief of Defence Staff needed to have the authority to resolve the financial aspects of grievances.

Over the last eight years, however, the Department of National Defence has done nothing concrete to implement the recommendations made by the former Chief Justice of the Supreme Court of Canada. As well, the present bill does not include that amendment, and the NDP would like the government to reconsider its position.

As a final point, regarding the strengthening of the Military Police Complaints Commission, we believe that Bill C-15 does not go far enough, and that there should be another bill, separate from the one being debated in the House today, to address this important issue. As well, many Canadians might reasonably wonder why there is unequal treatment between the procedure that applies in the criminal courts and the procedure that applies to the people who bravely serve our country.

In conclusion, the NDP urges the government to adopt its amendments as presented and adopted during consideration of Bill C-41. We firmly believe that the women and men in the Canadian Forces are entitled to a military justice system that is consistent with the stringently improved and circumscribed criteria and procedure.

We are opposed to minor offences resulting in a criminal record, as this can complicate everyday life for the person in question, in civilian life. We will do everything we can to make the Canadian military justice system fairer for the women and men in uniform who risk their lives in the service of Canada.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, if the NDP keeps spreading false information, I will keep correcting it.

There are only two Criminal Code offences that can be heard at summary trial that would result in a criminal record. They are assault and assault causing bodily harm.

The member mentioned that it has been eight years and we have not done anything. We have been trying. Three times we tried. Three times the bill has died on the order paper because of elections called by opposition members, which is their right to do and I understand that. However, the member should not stand up and say that DND and the government did not make an effort. That is simply false.

I would also point out what Justice LeSage said in his report, and I quote:

Having examined the system and listened to various participants (including a number who had been charged under the Code of Service Discipline), I share the view of former Chief Justice Dickson. The summary trial system is vital to the maintenance of discipline at the unit level and therefore essential to the life and death work the military performs on a daily basis.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I thank my hon. colleague for his question. I will answer somewhat as my colleague did just now.

We are fairly certain that a criminal record can be created by numerous offences other than the ones the member opposite has just named.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have a quick comment and then a quicker question.

In listening to debate this morning and this afternoon, I heard a lot of talk about military justice. However, it is important to recognize that only a fraction of the members of the Canadian Forces go through that system. The vast majority, well past 95%, are outstanding men and women who perform all sorts of functions for us as Canadians, and we truly appreciate all of those efforts.

We now have a bill before us, which tries to establish some rules for those who do cause issues. That is something that has been necessary for the last number of years. We look forward to it ultimately getting to committee stage.

My quick question to the member is this. Does the NDP support the bill going to committee?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I thank my hon. colleague.

For all the reasons I have already given in my speech, and that other colleagues have also reiterated over and over again, we will be opposing this bill, because it is seriously flawed.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, the hon. member for Edmonton Centre suggested that amendments could be made to the bill if it went to committee.

Given this majority government's current practice and the way it systematically rejects everything suggested at committee, does my colleague really believe that amendments would be made to the bill if it went to committee?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I thank my colleague for her question. The answer is fairly obvious.

Sadly, from what I have seen in various committees, the government is using its majority to reject basically all amendments, whether we propose one, 10 or 300 of them. We do not have much faith in the government's co-operation in this regard.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, my colleague is saying that, even though the New Democrats have said it is a step in the right direction and that there are many good things in the bill, because they are mad at us they would oppose sending it to committee to take a step in the right direction. I would suggest that is not a mature approach to legislation.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:15 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I want to thank my colleague.

To answer his question, I would point out that in our speeches, my colleagues and I have listed the purely objective reasons why we will oppose this bill at second reading.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:20 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I am pleased to be able to speak today and say a few words on Bill C-15.

As a former member of the Canadian armed forces, or the Royal Canadian Navy, my experience taught me, in the time I did spend, a lot of appreciation for the professionalism of our armed forces. I had the pleasure to serve at Canadian Forces Base Portage la Prairie. I had the thrill of going up in a Tutor jet, which my colleague understands very well. I went up only once. In the Royal Canadian Navy, I remember the professionalism when, many years ago, we were doing anti-submarine exercises. We always came out on top when it came to exercises with the U.S. Navy.

Many years after that, I went to Vladivostok in Russia as an interpreter with the Canadian Navy, the first western fleet to sail into Russia when it finally opened up the city. It was quite an experience. I saw the respect that the officers and men of the Russian navy had for the high degree of knowledge and skills of our armed forces.

I mention this because when I have a chance I speak on anything that touches on the military, in spite of the fact that at times some of us do not agree with the direction the military is going. Once people have been part of this family, as I call it, they want to make sure the current members receive the very best, whether or not we are talking about equipment, whether they agree with the mission or not, and certainly when the members come back as veterans.

We have seen some problems with people suffering from post-traumatic stress syndrome. We have seen problems with veterans' funerals. I just want to emphasize that we need to do the very best for them, and that also includes the justice system.

That brings me in a roundabout way to talking about this bill. The NDP believes that Bill C-15 is a step in the right direction to bringing the military justice system more in line with the civilian justice system.

However, it falls short on key issues when it comes to reforming the summary trial system, reforming the grievance system and strengthening the military complaints commission. I might add that amendments to that effect were brought into the last Parliament. For some reason they were not included in this particular bill.

In 2010, Bill C-41 was introduced in response to the 2003 Lamer report and the 2009 Senate committee report. It included the military justice provisions relating to sentencing reform, military judges and committees, summary trials, the court martial panel and the Canadian Forces Provost Marshal and certain provisions concerning the Military Police Complaints Commission.

In essence, Bill C-15 is similar to the version of Bill C-41 that came out of the Senate committee during the last Parliament. The amendments carried over include those respecting the composition of the court martial panel and security of tenure for military judges until their retirement.

However, I would say that other important amendments adopted at the committee stage at the end of the last parliamentary session were not included in Bill C-15. That includes the NDP's amendments concerning the authority of the Chief of Defence Staff in the grievance process, changes in the composition of the grievance board so that 60% of members are civilians and the provision that a person convicted of an offence at a summary trial should not be unfairly subjected to a criminal record.

Many important reforms are proposed in this bill. The NDP has long supported a necessary updating of the military justice system. The members of the Canadian Forces are held to extremely high standards of discipline and deserve a judicial system that is held to comparable standards.

However, as previously mentioned, the NDP will oppose the bill at second reading. This bill contains a number of deficiencies that we hope will be addressed in committee if the bill is passed at second reading.

As we have previously discussed here, and from what I have personally seen in other committees, the fact that a bill winds up in committee does not mean the Conservatives will adopt amendments. What then are the amendments that we would have liked to include in the bill before it was studied here in the House?

We say that the amendments in Bill C-15 do not adequately address the unfairness of summary trials. Currently, a conviction at a summary trial in the Canadian Forces results in a criminal record. Summary trials are held without the ability of the accused to consult counsel. There is no appeal and no transcript of the trial.

Bill C-15 would an exemption for a select number of offences. They carry a minor punishment, which is defined in the act, or a fine less than $500 to no longer result in a criminal record. This is one of the positive aspects of the bill, but it does not go far enough.

At committee stage last March, NDP amendments to Bill C-41 were carried to expand this list of offences that could be considered minor and not worthy of a criminal record if the offence in question received a minor punishment. The amendment also extended the list of punishments that might be imposed by a tribunal without an offender incurring a criminal record, such as a severe reprimand, a reprimand, a fine equal up to one month basic pay or another minor punishment. This was a major step forward for summary trials. However, this amendment was not, for some reason, retained in Bill C-15, and we would like to see it included.

As far as serious offences and criminal records are concerned, the number is probably minor. However, a criminal record can make life after the military very difficult. Criminal records can make getting a job, renting an apartment or travelling very difficult. A lot of Canadians would be shocked to learn that the people who bravely serve our country can get a criminal record from a system that lacks the due process usually required in civilian criminal courts.

What we are asking is that people who serve our country in the military have the same access to a fair judicial system as people in civilian life have and that if they have certain reprimands, they do not result in a criminal record for the rest of their life.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:25 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I thank the member for his service. I have had a few trips and tours as well.

I want to point out a couple of inconsistencies once again. Reprimands or severe reprimands are not offences under the Criminal Code. I just checked with the Judge Advocate General again and there are only two criminal code offences that can be heard at summary trial that would constitute a criminal record, and those are assault and assault causing bodily harm.

The member has said that his party is opposing the bill, but it wants things discussed in committee. Thank goodness for the Canadian Forces that we have a majority government. I suspect the bill will wind up going to committee. The contradiction is that those members will oppose it but they want it at committee. If it is a step in the right direction, then they should go along with it and get it to committee.

The member has admitted that there are some good things in the bill. The Minister of National Defence has already said that he will bring back the criminal record issue to committee, so that will happen. Why do we not stop this waste of time, get to the vote, get the bill to committee and get things done?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:30 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I would like to thank the member for his service in the armed forces, which was certainly much longer than mine.

In preparation for second reading of the bill, a lot of thought has gone into it by those people, our critic and others, who have followed it very closely. In my opinion, we do not take lightly opposing a bill when we think something should happen to better it.

I will speak from my personal experience. On Bill S-11, we said to the government that we would support the bill. We said that we thought it was a good way of strengthening the Food Safety Act and that we would do what we could to make it better. At committee, we had 11 amendments, the Liberals had 4 and lo and behold all of these well-thought-out amendments were rejected, one after another.

That kind of precedence does not leave positive feelings in those of us on this side to bring a bill such as this to committee—

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

4:30 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

There are other members who wish to pose questions and we will look for some time to do that.

Questions and comments, the hon. member for Winnipeg North.