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National Defence committee  That's subject to section 1.

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Of course the charter applies to everyone.

February 6th, 2013Committee meeting

Dr. Ian Holloway

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Thanks very much, Mr. Alexander. You know, this language has been used several times by members of the committee, that is, sort of slipping from panel to jury, jury selection, and so on. We mightn't like what the Charter of Rights says, but it's the Charter of Rights we have. Th

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  I'm not sure I can do much on the U.S. In terms of Great Britain, our histories have diverged. They have a person called the Judge Advocate General, as do we, but he fills a very different role in the United Kingdom than our JAG does. Our JAG is, among other things, the adviser

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  What I would say is that if someone is charged and convicted of an offence that is an offence under the Criminal Code, then I'd be inclined to suggest that it's appropriate for them to carry a criminal record. But if someone is charged with an offence that is purely a military of

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Sure. I'll give an extreme example of it, and then I'll give a more commonplace example. An extreme example of it is the serviceman who says,—excuse my language, Hansard—“Go to hell! I'm not going to cut my hair anymore.” He will be charged, convicted and punished for that. Pres

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  I don't know. But if the service person went one step further and slugged the person who was ordering him to have a haircut, that would attract a criminal record, and I'm not sure it should.

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  This was a point of agreement between Mr. Harris and me. As was just said, there are a lot of unnatural stresses associated with service life, and all of us who wore a uniform did things under stress that we regretted, that we might even have known were wrong. We deserved to be p

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Thank you, Ms. Moore. Forgive me, but I will have to answer in English. My French is not good enough to do your question justice. I can't respond directly to why things weren't included in this version of the act. The drafters, I'm sure, would be able to give you that informati

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Yes, you did.

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  I think so. The system we have, as with so many things we have in Canada, we have acquired through inheritance from the United Kingdom, and our history has diverged from theirs in the years since. I think most people in the system would have a vague sense about fighting efficienc

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Specifically, Ms. Gallant, are you talking about the retirement age, the security of tenure provisions?

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  There was a concern among ordinary sailors and soldiers about judges who stood to be promoted and have future postings. There was a fear that it would depend on how much you please those above you. It's a similar concern that we heard from Lieutenant-Colonel Dugas. Fully separa

February 6th, 2013Committee meeting

Dr. Ian Holloway

National Defence committee  Sure. We're in the process of bringing our troops home from Afghanistan. That was an example where young Canadians, who were raised in the same way that your children were raised, were placed in very unnatural situations. First of all, they were told they were going to some p

February 6th, 2013Committee meeting

Dr. Ian Holloway