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National Defence committee Allowed? Probably yes, but through a legal process. I see no reason why they should not. It applies elsewhere. I'm not advocating it, far from it, but I think one of the ways to ensure that does not happen is to make sure that the Canadian Forces members are given as many rights
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Col Michel W. Drapeau
National Defence committee That's right. If I said that, I misspoke, and I apologize.
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Col Michel W. Drapeau
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
February 28th, 2011Committee meeting
Colonel