National Defence committee  This provision is fairly recent, post-Somalia. And all of Somalia was about the military justice system, including the military police. When we made the military police more independent, we added it. In fact, from an organizational standpoint, we put it under the Vice-Chief of th

National Defence committee  That's right.

National Defence committee  I served for 34 years in the Canadian Forces, retiring in 1993 as secretary at the Armed Forces Council and secretary at National Defence. After that I went to law school to obtain a law degree in civil law and a law degree in common law. I articled at the Federal Court of Appeal

National Defence committee  I did not. I did act, on more than one occasion, as a presiding officer at summary trials, having been a commanding officer.

National Defence committee  By all means.

National Defence committee  Mr. Wilfert, I'll get right to the point. The answer is yes, and I can be very brief. Decriminalize the summary trial system. End of discussion. Remove today the custodial power of the commanding officer to send somebody to detention. If that needs to be done, then that person ou

National Defence committee  I don't know if they would be resisted. If they were to be resisted, my first argument would be this: what is it that our brothers in Ireland, in Britain, in Australia, in New Zealand--

National Defence committee  They're already there. Why is it that we don't have a permanent military court? To use Mr. Hawn's point earlier, this is one of the key recommendations of Lamer, and we haven't done it. Why aren't we doing it? I practice military law and I teach military law. I'm fully in favour

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