National Defence committee  Mr. Chair, let me open by thanking members of the committee for permitting me to appear before you this afternoon to present a commentary on Bill C-41. Let me say at the outset that Bill C-41 contains a number of very useful changes. I recommend your support of these legislativ

National Defence committee  If I understand the comment made by Professor Holloway, it would suggest that members of the military have fewer rights, and that those are subordinated to the instrumentation of this right to project values. I have difficulty with that concept. I don't see anywhere in Canadian l

National Defence committee  Monsieur Dryden, to answer both your intervention and the professor's response to it, with respect to where you start and where you go, first and foremost I would say you go to the sons and daughters of Canada who are not only recruited but who volunteer for military service. I

National Defence committee  Pity the day when a Canadian Forces soldier who has just completed his training and is ready to go to war, to put his life at risk, has fewer rights than somebody who happens to land at Trudeau Airport, in Montreal, and because he is on Canadian soil has the full benefit of chart

National Defence committee  I wouldn't make too much on the issue of having a right to trial. First, until very recently, until the Trépanier decision in 2006, that right in fact was exercised by the crown, not by the soldiers themselves. Secondly, it's not because someone decides between two forces that a

National Defence committee  I have to turn to our allies in Ireland and Australia. They made it a point in law that a conviction by summary trial does not lead to a record, thank you. In the U.K., Australia, and New Zealand, there is now an appeal process for conviction and sentences in summary trials. Why

National Defence committee  That's right. If I said that, I misspoke, and I apologize.

National Defence committee  I cannot say yes or no. Do I agree with the statement? I agree with what Justice Lamer said in his report. But do not draw from my comment the conclusion that I agree that the summary trial system is not in need of reform. Justice Lamer would have given it only a superficial look

National Defence committee  I don't tend to skirt a question, but this one I will. I don't have Justice Lamer's exact wording, which you obviously have before you, to see whether or not this is the interpretation one can give to it. I have never questioned Justice Lamer, because I have too much respect for

National Defence committee  I never have and never will. Don't shake your head. I've served for 34 years. I'm proud of my service. I'm an Officer of the Military Merit. I believe in military discipline. I believe in military efficiency, but I also believe in justice. I also believe in fairness. I also belie

National Defence committee  No, he does not. He signs. He has all his rights, but like any other professional he's also subject to additional obligations. As a lawyer, I don't give up my rights because I become a lawyer. In addition to all my rights and obligations, I have certain rules that the law society

National Defence committee  I would suggest to you that the first obligation applies to you, too. I don't see you criticizing the Prime Minister.

National Defence committee  Well, you wouldn't be an MP any more. You wouldn't be sitting here any more, either.

National Defence committee  Many public servants cannot criticize. If they want to, they have to wait till they retire. So having an obligation because you agree to perform certain functions or be in the employ of somebody doesn't abridge your rights. You consciously agree that if you join the forces, you'

National Defence committee  And I know that, and I salute your service. But at the same time, I do not and cannot make the bridge that because a military officer or a non-commissioned officer on arrival, in swearing allegiance or loyalty to the Queen, at the same time has detached himself from some of the c