Bill C-41 (Historical)

Strengthening Military Justice in the Defence of Canada Act

An Act to amend the National Defence Act and to make consequential amendments to other Acts

This enactment amends provisions of the National Defence Act governing the military justice system. The amendments, among other things,
(a) provide for security of tenure for military judges until their retirement;
(b) permit the appointment of part-time military judges;
(c) specify the purposes, objectives and principles of the sentencing process;
(d) provide for additional sentencing options, including absolute discharges, intermittent sentences and restitution;
(e) modify the composition of a court martial panel according to the rank of the accused person; and
(f) modify the limitation period applicable to summary trials and allow an accused person to waive the limitation periods.
The enactment also sets out the Canadian Forces Provost Marshal’s duties and functions and clarifies his or her responsibilities. It also changes the name of the Canadian Forces Grievance Board to the Military Grievances External Review Committee.
Finally, it makes amendments to the delegation of the Chief of the Defence Staff’s powers as the final authority in the grievance process and makes consequential amendments to other Acts.

Motions in Amendment

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I am pleased to rise today.

I am delighted to have the opportunity to speak to Bill C-15 after my colleagues. I must admit, they made very interesting and very precise speeches on the amendments proposed by the hon. member for Saanich—Gulf Islands. I thank the hon. member for her efforts and for presenting these amendments.

First of all, I must say that I support her amendments. We had presented practically the same ones in committee. Clearly, we are going to support them because they are quite logical.

I will come back to that a little later in my speech because it has been mentioned a few times that consideration of the amendments must be very precise at report stage, which is what I will try to do as much as possible today to enlighten my colleagues on this bill and, more specifically, on the amendments.

If I may, I would like to give a little background before moving on to the heart of the subject, even if it does not please my colleagues.

I think Canadians listening to us would be very pleased to know how Bill C-15 ended up in the House, what we are currently doing and what still needs to be done for it to eventually become law.

The process began in 2003. In this debate today, we have been saying that the process began 10 years ago, following on the report of the Right Hon. Antonio Lamer, former chief justice of the Supreme Court. The report contained 88 recommendations.

Bill C-15 is a kind of legislative response to the recommendations in that report. However, there is a big “but”, because Bill C-15 does not completely reflect those recommendations. In reality, it responds very little to the report that contained 88 recommendations. In fact, the government has attempted to implement only about 20 of them since then.

Since 2003, the report by the hon. Patrick LeSage, retired Chief Justice of the Ontario Superior Court of Justice has also been presented. That was in December 2011. On June 8, 2012, the Minister of National Defence himself tabled that report here in the House. Although the Conservative government has had the LeSage report for over a year, it still did not incorporate any of its recommendations into Bill C-15.

As the hon. member for Beaches—East York pointed out, the government has been sitting on that report for a year now and nothing has been implemented. The NDP, however, did try to have some of those recommendations incorporated into Bill C-15.

There have also been several other versions. I will not spend too much time on this, since that is not really what interests us the most at this stage of the bill. However, there was also Bill C-7 and Bill C-45, which both died on the order paper because of the 2008 election after Parliament was prorogued. Then, in July 2008, there was another version, Bill C-60.

The bill that was most in line with what we wanted was Bill C-41, introduced in 2010, also further to the Lamer report. All of the bills introduced after that report were basically in response to that report. Bill C-41, which had fortunately been amended in committee, also died on the order paper because an election was called, which, as some people may recall, was due to a case of contempt of Parliament on the part of the Conservative government, on a question of access to sensitive documents. That is also not the subject of today's debate. We all remember what happened.

Bill C-15 is similar to Bill C-41, which was the result of committee work in the last session. However, significant amendments made at committee stage during the last Parliament were not included in Bill C-15. When Bill C-15 was introduced, one of our biggest disappointments was that it did not contain all of the changes made to Bill C-41 during the previous Parliament. We were very disappointed, and we wondered why they had not been included in Bill C-15.

However, I should point out that we had a small win in committee and we managed to do some good. Not that long ago, we had to make changes so that nearly 95% of the offences in the code of discipline would no longer result in a criminal record. That is an important win for us. Canadians who do not serve in the Canadian Forces are subject to the Canadian Charter of Rights and Freedoms, which uses a fair and balanced justice system to protect the public. However, we felt that members of the Canadian Forces were not offered the same protection as other Canadians.

That brings me to the two amendments proposed by the member for Saanich—Gulf Islands. I would like to read Bill C-15, as it now stands. We are talking about clause 4 of the bill, which would add sections 18.3 through 18.6 to the current National Defence Act, after the existing section 18.2. The two amendments focus on subsections 18.5(3) and 18.5(4), which read as follows:

(3) The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation.

(4) The Provost Marshal shall ensure that instructions and guidelines issued under subsection (3) are available to the public.

We tried to amend these provisions in committee. Unfortunately, those amendments were not accepted and the provisions remained unchanged. Today, two motions were moved. We want to expand on clause 4 to make it a bit more specific by adding the following:

The Vice Chief of the Defence Staff may, with the consent of the Provost Marshal and in accordance with the respective roles, responsibilities and principles set out in the Accountability Framework signed by the Vice Chief of the Defence Staff and the Provost Marshal on March 2, 1998, issue instructions or guidelines in writing in respect of a particular investigation, providing that the rationale for issuing the instructions or guidelines is also stated.

This motion further narrows the proposed amendment to Bill C-15 in order to ensure the transparency of orders given by the Vice Chief of the Defence Staff and the Canadian Forces Provost Marshal, a position created by this bill. All of clause 4 is, in fact, an addition to the current National Defence Act with regard to the Canadian Forces Provost Marshal.

In our opinion, subsection 18.5(3) was much too problematic. The statement that “[t]he Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation” means that the Vice Chief of the Defence Staff has the power to give instructions to the Canadian Forces Provost Marshal with respect to a particular investigation.

I liked the analogy used earlier by the hon. member for Scarborough—Guildwood about the military and civilian police. He spoke about the mayor of a city calling up the local police chief and telling him how to proceed with an investigation or what he can or cannot do. We would regard that as direct interference in the right to an independent police investigation, whether it was being conducted by the civilian or military police. The law must be much more clear and transparent to ensure that there is no interference in investigations, which must remain as independent as possible.

My time is up. I would be pleased to answer questions.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I am pleased to be on my feet today to talk to Bill C-15 at report stage and to deal with a colleague's proposed amendment to Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

The title is interesting. One wishes there were a shorter handle on the title, but it is also more commonly known as the “strengthening military justice in the defence of Canada act”.

We have had lots of discussion this morning on the issue of relevance of the debate and what we are talking about. What is important to understand and appreciate here is that the amendment before us for discussion and debate is a piece of a system. It sits in the broader context of the military justice system. It is important to understand the relationship of that amendment and the issues implicated by that amendment in the context of the broader justice system.

Members may recall that we had opposed this bill at second reading on this side of the House, but an important amendment has come out of committee that allows us to reluctantly support the bill when we move on to third stage. I say “reluctantly” because the bill would still be far from what it ought to be. It would make a number of changes to the military justice system that would be positive, but not all of its changes would be positive, and that is why our colleague's proposed amendment to the bill is welcome today. It is an important issue to contemplate and debate.

The bill has had a long history. It was 10 years in the making to get to this point, and it is important that it get a thorough vetting. The parliamentary secretary talks as though his party was not in government for seven of those years, but in fact it was, and he should be asking questions back in the lobby about why we waited around for seven years for this important bill to arrive.

Nevertheless, there is a long history to this bill. It emerges out of a couple of very comprehensive reports.

The Rt. Hon. Antonio Lamer had a crack at it in 2003. He made 88 recommendations, which is suggestive of some of the very significant deficiencies in the military justice system.

There was a Senate committee report dealing with the same matters. Then again there was another report by a former chief justice of the Supreme Court, Patrick LeSage, and the parliamentary secretary should contemplate why the Conservatives sat on that report for a year before bringing it forward if he is in such a hurry to see this bill and these changes implemented.

In the interim, we have had elections. The Liberals had two years with it as well, and they did not do anything, and we have had a Conservative prorogation. It seems there is a general resistance. In fact, we have even walked backwards from where we have been in earlier Parliaments, when we had Bill C-41 die on the order paper.

The significance of Bill C-41 was that it dealt with an issue that is very important to our party, and that is the issue of service-related offences that can proceed through summary trial and result in a criminal record.

Former Colonel Michel Drapeau has spoken at length about the unique nature of military justice systems and the need to balance an expeditious justice system providing for deterrence and ensuring discipline, and the importance of that in having efficient armed forces while also ensuring that the rule of law predominates.

Therefore, in the military justice system we get this summary trial process which, in the normal course in civilian life, we would not recognize as a form of fair justice.

In this process, one's own commander can sit in judgment and there are no transcripts, no right to counsel, et cetera. This is important, because about 95% of cases that go to trial go through this system.

However, we are supporting the bill because at the end of the day we have managed, over the years, to persuade the Conservative Party that fewer of the offences that can go through the summary trial procedure can actually attract a criminal record that a member of the armed forces might take into civilian life. Bill C-15 would lessen the number of those offences. That is a very positive thing and that is why the bill, with or without this amendment, is worthy of our support.

Nevertheless, we are left with an approximate form of justice with this summary trial process, and this is where the importance of the amendment comes in. It is the investigation that precedes that approximate form of justice that becomes extremely important, and that investigation process must be done properly.

The Conservatives have taken the accountability framework that was put together following the Somalia inquiry that set out the relationship between the Vice Chief of the Defence Staff and the Provost Marshal and are turning that administrative document into statute, which is a worthy thing to do. However, in the course of doing so, the Conservatives have done something quite unfortunate, and that brings rise to the amendment today.

This amendment is worthy because the bill would provide new powers to the Vice Chief of the Defence Staff with respect to military police investigations, those very investigations that will end up in summary trials. Clause 4 of the bill proposes adding a subsection 18.5(3) to the National Defence Act to say that:

(3) The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation.

Currently the accountability framework language says:

The VCDS shall not direct the CFPM with respect to specific military police operational decisions of an investigative nature.

Further, it says under section 7(a) that:

The VCDS will have no direct involvement in individual ongoing investigations but will receive information from the CFPM to allow necessary management decision making.

Those provisions are there, and they flow from the principles and purpose of the accountability framework. Of course, this accountability framework flows from the extremely unfortunate incidents in Somalia, which, although they may have been in the last century, are critically relevant to this discussion today.

The purpose of the accountability framework that came out of the Somalia inquiry is to ensure the provision of a professional and effective military police service for independent investigations, to balance competing interests and priorities and, critically, to ensure that the Provost Marshal is accountable to the Vice Chief of the Defence Staff for “developing and maintaining police standards which are consistent with those of other police agencies”. Who in Canada would want to deny the men and women of our Canadian armed forces an investigation into alleged misconduct that is consistent with those of other police agencies?

That is what the accountability framework allowed. History proves that it is a workable document and provided for reasonable, fair investigations leading into these summary trials.

It is most unfortunate and very much a backward step for the government to now propose in Bill C-15 an investigation process that is inconsistent with those of other police agencies in this country.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

I want to start my remarks by thanking you, Mr. Speaker, regarding the issue that was raised about relevancy. I think the various Speakers in this place are quite, pardon the term, liberal in the way that they allow us to put things into context, because each one of us brings to the House a particular life experience.

I hate to say this, but in my case it was 50 years ago that I was in the Canadian military for a couple of years. I recall one of the first things we were talked to about was good order and discipline. I want to take members back for a moment, again, in the sense of a context of the power and the control that is exercised within military circles. If we were in the military in 1914 and going through basic training, they would be firing live ammunition over the top of us as we crawled through a field. Obviously, over time, those kinds of things changed.

I was in the military in 1963-64. Two years before, a corporal would have had the right to strike me if I was doing something he was not satisfied with. That changed. At the time I was there, they still found ways to draw our attention to their dissatisfaction. As we stood at attention, they would come over and say, “Excuse me, I'm adjusting your tie” and then adjust it so tight that we would start to turn blue.

The context and the reason I am saying this is that it shows the thinking of those people in power and why there has to be some kind of limitation. Rights have evolved for all Canadians in this country over a number of years, particularly the last 50 to 75 years. Other speakers today have talked about the fact that Canadians, average Canadians on the street, would believe that those rules and rights apply to all citizens. Therefore, we find ourselves in a situation, and I will not give the history as others have done, where corrective measures were started in previous houses of Parliament. We did not succeed at those times in concluding them. Then we got to the point where Bill C-15 was brought forward. I understand it was a year, roughly, since the last report calling for change had been received.

There are other remarks I would like to make but I want to speak directly to the amendments that have been proposed today. I want to say very clearly that we do not agree all the time with the member for Saanich—Gulf Islands. However, in these two amendments, she is attempting to go further than the members of the committee were allowed to go by the government, because some of the amendments we proposed in that committee were voted down by the government.

This, at least, affords us all the opportunity to discuss at length some important aspects of the bill that are missing. If we give consideration to the requirement of the Vice Chief of the Defence Staff to make a relevant rationale available to the public regarding his or her instructions or guidelines given to the Provost Marshal, that is a very serious application of accountability.

When I describe the things that have changed within the military from those past years, from the live fire in training to striking people and all those things, over time people came to clearly understand what improper usage is.

This is one of those cases where now we have the Vice Chief of the Defence Staff put in the public purview where the public will be able to see what his rationale was. I think that would improve the situation. It would require a level of due diligence that is not required today. Therefore, I certainly support that amendment.

The second amendment would require that instructions or guidelines given by the Vice Chief of the Defence Staff, again, to the Provost Marshal, be in accordance with the respective roles, responsibilities and principles set out in the accountability framework, signed by the Vice Chief of the Defence Staff and Provost Marshal back in 1998. Think of that date. We hear government members on the other side talk about how long it has taken to accomplish changes. It certainly has been a while.

Again, I want to stress that the NDP supports these amendments.

The accountability framework states that the Vice Chief of the Defence Staff shall not direct the Canadian Forces Provost Marshal with regard to military police operational decisions relative to an investigation. We have an area here where we are going to have a contradiction in the framework resulting from the amendment, which could be problematic going forward. From our perspective, that whole provision should have been removed. Hopefully I am being clear in the sense of the relationship between these things.

We do believe, though, that the amendment is an improvement. It does not go where we would like it to go totally, but it is an improvement on what is in the bill. We strongly believe that granting the Vice Chief of the Defence Staff the authority is in clear violation of that previous aspect. Very clearly, that just means, to the government side, that there is going to be more work required here on this.

I would like to go back to some of the notes I put together a little earlier. I had added those additional thoughts as I was sitting and listening to the debate here. In this place we often comment, particularly across to the other side, about the limitations on debate and the fact that time allocation, over and over, has prevented us from properly looking at a bill.

In this place we all know that sometimes when we are sitting here on House duty that there are debates that do not have the depth that they should have. Most times there is something we can learn from listening to the other members of Parliament. For example, for myself, the first few minutes of my presentation today came about because of the reminders coming from the statements from the government side and from previous members who spoke before me. The value of having that open debate is so important to this place and to what we are able to do.

Let us go back to a previous bill, Bill C-41, which I have not studied to the depth that committee members would have. When it came out of committee it had some recommendations that had passed at the committee stage but were left out of Bill C-15. We are kind of struggling on this side of the House to understand why that was necessary. When there was agreement in the previous committee on Bill C-41, why would the government not say, “We have looked at this. We have studied it. We will advance it forward in Bill C-15”? The government chose not to.

I would suggest a major omission was the failure to include a broadened list of offences, removed from the consequences of a criminal record. During the process on Bill C-15, New Democrats, both in the House and in committee, pressed for changes and amendments in that area. The purpose of that was to reduce the effect of disciplinary offences regarding possible criminal records.

We also challenged the failure of full charter rights in these cases. Full charter rights are as fundamental as it gets. There is no excuse or justification in my mind for a person who is serving their country, in some instances putting their lives at risk, to not have the value of the Charter of Rights and Freedoms as every other Canadian has. Our military members, if anyone, who defend our Charter of Rights and Freedoms, who defend our very freedom, should have the absolute rights of all Canadians. I think it is incumbent upon this place to ensure that happens.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I would first like to say that I do not think that any member should claim that another member has contempt for the Canadian armed forces. I think his comments were unacceptable. The parliamentary secretary should retract his comments. Just because we have a different idea of what constitutes national defence, that does not mean that we have contempt for our soldiers. I find those comments particularly insulting. I work with my colleague from St. John's East every day, and I know that he respects the men and women of our military.

Yes, 10 years is a long time to implement Justice Lamer's recommendations. The Liberals were in power and they did not do so. I do not know why.

That said, instead of introducing a bill similar to Bill C-41, which had been amended, the government introduced Bill C-15, which was a step backwards.

If the Conservatives had introduced a Bill C-15 that was similar to what Bill C-41 had become, we would have perhaps wasted less time. Instead they chose to go backwards. What can we do? They are the ones who introduced the bill, and they decided to go backwards.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, before addressing clause 4 and the related amendments, I would like to provide some background on Bill C-15, so that things are clear for everyone who is watching or trying to follow the debate.

Bill C-15 has appeared in various forms. First of all, Bills C-7 and C-45 died on the order paper because of prorogation in 2007 and the election in 2008.

In July 2008, Bill C-60 came into force. It was intended to simplify the structure of the court martial system and establish a method for choosing the type of court martial that would mesh better with the civilian system. After that, in 2009, the Standing Senate Committee on Legal and Constitutional Affairs studied Bill C-60 and made nine recommendations containing amendments to be made to the National Defence Act.

Then, Bill C-41 was introduced in 2010. It responded to the 2003 Lamer report and the Senate committee report I just mentioned. It contained provisions on military justice, including sentencing reform.

The issue of military judges was addressed in Bill C-16 and therefore was not covered in Bill C-15. Bill C-15 also addressed military committees, summary trials, court martial panels and the Canadian Forces Provost Marshal, and contained a certain number of provisions related to the grievance and military police complaints processes.

Then, Bill C-41 died on the order paper because the election was called, but I would like to point out that this bill had been studied in committee and that there had been amendments—

Strengthening Military Justice in the Defence of Canada Act

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I always find hon. members' questions somewhat funny.

We are not talking about the opinion of a judge or anyone else; we are talking about human rights. We are also talking about people who, because of a trial system, do not enjoy the same rights as ordinary citizens, even though they too are full-fledged citizens.

So, as I was saying, there is work to do. Experts should be consulted and, perhaps, the amendments that were proposed for Bill C-41, and that were very logical, should be accepted. The government actually supported them, and also the Minister of National Defence. Therefore, we should move forward on this issue and stop relying on an archaic system.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am pleased to speak today to Bill C-15, the Strengthening Military Justice in the Defence of Canada Act, which amends the National Defence Act and other Acts.

This bill responds to the 2003 report of the Honourable Antonio Lamer, former chief justice of the Supreme Court, and the May 2009 report of the Standing Senate Committee on Legal and Constitutional Affairs. It is important that we have a good look at our whole military justice structure because there are a number of problems that need to be resolved.

Military justice needs to fit into our overall justice system. We need to ensure that our military justice laws are consistent with other laws in our general justice system, particularly when it comes to the fundamental principles of law. It is important to understand that there are differences between military law and our general legal system, and for good reason. The military justice system recognizes the relationship between the justice system and discipline within the armed forces.

Michel Drapeau, a retired Canadian Forces colonel and military law expert, had the following to say before the Standing Committee on National Defence:

I strongly believe that the summary trial issue must be addressed by this committee. There is currently nothing more important for Parliament to focus on than fixing a system that affects the legal rights of a significant number of Canadian citizens every year. Why? Because unless and until you, the legislators, address this issue, it is almost impossible for the court to address any challenge, since no appeal of a summary trial verdict or sentence is permitted.

Mr. Drapeau is a lawyer in private practice and has considerable military experience. His advice is worth its weight in gold and must be followed, which does not appear to have been the case here.

The bill provides for greater flexibility in sentencing, establishes new sentencing options—such as absolute discharge, intermittent sentences and restitution—makes changes to the composition of a court martial panel according to the rank of the accused person, makes changes to the limitation period applicable to summary trials and allows an accused person to waive the limitation periods. The bill also clarifies the responsibilities of the Canadian Forces provost marshal and makes amendments to the delegation of the Chief of the Defence Staff’s powers as the final authority in the grievance process.

When Bill C-41 was before the House, we referred it to the Standing Committee on National Defence where our party tried to do two things. First, we tried to ensure that the procedures in the military justice system were effective and consistent with the need for the timely resolution of disciplinary matters in some cases. Second, we also tried to ensure, to the extent possible, respect for the protections under the Canadian Charter of Rights and Freedoms. In other words, we did not want an efficient military justice system to trump the fundamental principles of justice just because the people in question are in the military.

Although Bill C-15 is similar to Bill C-41, important amendments adopted at committee stage at the end of the last Parliament have not been included in Bill C-15.

To no one's great surprise, these rejected amendments include the NDP amendments concerning, first of all, the authority of the Chief of Defence Staff in the grievance process—clause 6 as amended in Bill C-41. By the way, this was a direct response to a recommendation in the Lamer Report. They also concern changes in the membership of the grievance board so that 60% of the members would be civilians—clause 11 as amended of Bill C-41—and of course the provision ensuring that a person convicted of an offence at a summary trial would not be unfairly given a criminal record—clause 75 as amended of Bill C-41. This is very important.

When Bill C-41 was debated in the spring of 2011, the long hours of debate between the parties appeared to be leading toward a positive breakthrough. It makes me wonder why the Conservatives did not keep the amendments the NDP proposed in Bill C-15.

By excluding these amendments from Bill C-15, the Conservatives are undermining the important work done by all the members of the Standing Committee on National Defence, including their own colleagues, as well as the recommendations made by the representatives of the Canadian Forces during the last Parliament.

Many significant reforms were proposed in this bill. The NDP has long supported a necessary update of the military justice system. Canadian Forces members are subject to extremely high standards of discipline and they deserve, of course, a justice system of equally high standards.

That is why the NDP and I will oppose Bill C-15 at second reading. There are a number of shortcomings in the bill and we hope they will be discussed in committee if Bill C-15 is passed at second reading. This is probably what will happen, given that the government has a majority.

In terms of changes to the summary trial process, we believe that the amendments to Bill C-15 do not adequately address the unfairness of summary trials. At present, a summary trial conviction at the Canadian Forces results in a criminal record. Summary trials are held without the accused being allowed to consult counsel. There is no appeal and no transcript of the trial. Furthermore, the judge is the accused person's commanding officer. This is too severe for certain members of the Canadian Forces who are convicted of minor offences.

These minor offences include insubordination, quarrels, misconduct, absence without leave, drunkenness and disobedience. I agree that this is probably very important for military discipline, but it does not warrant a criminal record. I think everybody is in agreement on this point.

However, Bill C-15 provides an exemption so that certain offences, if there is a minor sentence determined by the act or a fine of less than $500, will no longer lead to a criminal record. In our view, this is a positive element in the bill. However, we believe the bill does not go far enough, unfortunately.

At committee stage, last March, the NDP proposed amendments to Bill C-41. These amendments included extending the list of offences, from five to 27, that could be considered minor and that would not result in a criminal record if the offence in question received a minor sentence.

The amendment also extended the list of sentences that could be imposed by a tribunal without being included in a criminal record. Such sentences include a severe reprimand, a reprimand, a fine equivalent to one month's salary and other minor penalties. This was an important breakthrough in terms of summary trials. However, as this amendment was not retained in Bill C-15, we are not prepared to give our support to the bill. We want this amendment to be included again.

A criminal record is not a small thing, as they say. Having a criminal record can make life after a military career very difficult. It can make it very difficult to obtain a job, to rent an apartment or to travel. Many Canadians would be shocked to learn that the members of the military who so bravely served our country may have a criminal record because of flaws in the military justice system.

I would now like to talk about reforms to the grievance system. At present, the grievance board does not allow for any outside review. In theory, the Canadian Forces Grievance Board should be viewed as an external, independent civilian body. Right now, the board members are retired members of the Canadian Forces, some of whom are very recently retired members of the military. In terms of a guarantee of objectivity, to my mind, this is hardly ideal. In fact, the NDP amendment suggested that at least 60% of the members of the grievance board must not be former officers or former members of the Canadian Forces, in order to guarantee a little more objectivity in cases of this kind.

With regard to the authority of the Chief of Defence Staff in the grievance process, contrary to a recommendation in the Lamer Report, the NDP believes that the lack of authority of the Chief of Defence Staff to resolve financial issues arising from grievances is a major weakness in the military grievance system.

Since the Lamer Report came out, no concrete action has been taken to implement the recommendation, even though the recommendation was approved by the Minister of National Defence. In my view, we must all ask questions and we must study the bill in a little more detail, become aware of the opinions of those concerned and work with the official opposition.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I would like to make a comment about my colleague's speech and about the questions he was asked in this House.

The hon. member for Winnipeg North told us that it is completely ridiculous not to support this bill at second reading, when the Liberals did exactly the same thing with Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act. They said that the Conservatives would never agree to any amendments and it was foolish—that may not have been the exact term they used—to believe that they would. Yet, now, they are saying the complete opposite.

I am shocked to see that the Conservatives are not respecting the work that was done by parliamentarians during consideration of Bill C-41 in the last Parliament. Does the hon. member really believe that any work could be accomplished in committee?

If amendments are going to be accepted, why are the amendments that were agreed to in the previous Parliament not already included in this bill?

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am pleased to speak today to Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

At this stage, I am opposed to the bill but, as always, I will keep an open mind and watch how it progresses through the various stages. As we have waited a long time for these reforms, we need to ensure we get them right, which is what I will speak to today.

I thank the MP for St. John's East for all his work on the bill, as well as for preparing us for these debates. He really does Newfoundland and Labrador credit.

I will take a moment to speak to the value of our armed forces personnel and to recognize their service and sacrifice. We are talking about a fairly detailed bill that would amend a lot of little clauses in other bills, including the National Defence Act, but we also need to recognize the service that the armed forces give in general. Many of my family members have served in the armed forces. I admire their professionalism and discipline. We are also addressing a very small portion of those who have served so proudly in the armed forces with this bill.

Every time I get a chance to speak to defence or military aspects of government policy, my mind drifts back to my great uncle, F.R.W.R. Gow, who was a commander in the Royal Canadian Navy working for military intelligence. Sadly, he died in service in November 1942 on the same day as my birthday, which always brings him to mind on Remembrance Day and during occasions such as this. Because of that, and when I think of my other relatives who have served in the armed forces, as well as all of the great veterans in my constituency, Remembrance Day is the most important day of the year for me as it marks the reason that we celebrate all of the other holidays. We should keep that in mind as we move through these bills to ensure we do the best we can for those who serve us so well.

Before I speak to the details of the bill, I will talk about a few other laws and policies surrounding the military, many of which are far from perfect. For example, with respect to recognition of those who have served in the past, I have been working in my office with a constituent who served in the Korean War who has not yet received official recognition for his sacrifice despite numerous appeals. This gentleman is t past 90 now and it is time to ensure that we recognize all of those who have served Canada in the past. We have taken some steps in Burnaby to recognize Korean War veterans. We have a beautiful Korean War memorial in Central Park in Burnaby. However, individual recognition is also crucial and I will continue to work on behalf of my constituent for that recognition.

This whole idea of lump sum payments for injured veterans is really abhorrent to me and goes against how we should treat those who have given so much.

I will now move to Bill C-15. It was introduced in response to a 2003 report tabled by the right hon. Antonio Lamer, the former chief justice of the Supreme Court of Canada, concerning his independent review of the National Defence Act. In my mind, this is a housekeeping bill but an important one as it would adjust current laws concerning military justice. As we can tell from the title of the bill, it is not just the National Defence Act that would be altered but it is also consequential acts. Therefore, the bill would make broad-sweeping changes to a number of different pieces of legislation.

The Lamer report contained 88 recommendations pertaining to military justice, the Military Police Complaints Commission, the grievance process and the provost marshal.

The bill has seen many iterations since the Lamer report was tabled. It is important to keep in mind that in response to the 2003 Lamer report, Bill C-41 was introduced in 2010 and has been the subject of much of the discussion today.

The bill outlined provisions to military justice, such as sentencing reform, military judges and committees, summary trials, court martial panels and a number of other institutions and procedures. More important, during the debate on Bill C-41, we submitted a number of amendments during that committee stage, which have been talked about, but many of the amendments that were agreed to at that committee are not in the current version of the bill, which is why we are objecting.

The amendments include the following: the authority of the Chief of Defence Staff in the grievance process, responding directly to Justice Lamer's recommendation; changes to the composition of the grievance committee to include 60% civilian membership; and a provision ensuring that a person who is convicted for an offence during a summary trial is not unfairly subjected to a criminal record. I will return to these points through my speech, but as it stands, we can talk a little about the good parts of the bill.

Bill C-15 would provide greater flexibility in the sentencing process. It would provide for additional sentencing options, including absolute discharge, intermittent sentences and restitution. It also would modify the composition of a court martial panel according to the rank of the accused person. It would modify the limitation period applicable to summary trials and would allow an accused person to waive the limitation periods. It would clarify the responsibilities of the Canadian Forces provost marshal and it would make amendments to the delegation of the Chief of Defence Staff's powers as the final authority in the grieving process.

For those positive few points I have pointed out, I believe Bill C-15 is a step in the right direction. It would bring the military justice system more in line with the civilian justice system. However, it does fall short on key issues that we have pointed out over and over again and that we will take pains to do it again today and in the future. The issues it falls short on include reforming the summary trial system, reforming the grievance system and strengthening the Military Police Complaints Commission.

I will speak to two of these shortfalls in more detail, beginning with the military grievances. At present, the grievance committee does not provide a means of external review. Currently, it is staffed entirely of retired CF officers, some only relatively recently retired. If the CF grievance board is to be perceived as external and an independent oversight civilian body, as it was designed to be, then the appointment process needs to be amended to reflect that reality.

We believe that some members of the board should be drawn from civil society. In fact, our NDP amendment provides that at least 60% of the grievance committee members must never have been an officer or a non-commissioned member of the Canadian Forces. This civilian oversight process is something common in other government institutions, including, for example, CSIS, which has a civilian body appointed to oversee its procedures. Therefore, this seems to be an entirely reasonable request that we have put forward in the past and will continue to press for. The amendment was passed in March 2011 in Bill C-41 but was not retained in Bill C-15. Therefore, it does seem that there are at least some on the other side of the House who agreed, at least at some point, that there should be some civilians present in this oversight process. We think it is important to see this amendment included in the bill.

I will now to strengthening the Military Police Complaints Commission. Although what is included in the bill is seen as a step forward, we believe that more needs to be done to empower the commission. The complaints commission must be empowered by a legislative position that allows it to rightfully investigate and report to Parliament. Transparency is key here.

We oppose the bill at second reading because we do not think it is complete. There are key amendments missing that had been agreed to in the past and have not been included in this form of the bill. We ask that they be included. We ask that we do as well by our military personnel as they do by us.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, it is an honour and a great pleasure for me to try to put in my two cents' worth today in this debate on Bill C-15.

I have studied labour relations. I have also worked as an employee representative in grievance procedures. In my field of studies, I also did human resources management. I have been on the employer side and the union side. So I have been on both sides.

I am going to try to show why it is extremely important that we have a fair and equitable system for our soldiers for handling grievances relating to all the various disputes that arise between them and their superior officers and their institution, the Canadian Forces.

We have a bill that amends eight acts: the Access to Information Act, the Criminal Code, the Financial Administration Act, the Privacy Act, and others.

This bill is in fact 60 pages long. That is almost modest, compared to what we have been used to getting from the government for some time now.

To begin, let us do a review of part of the history of this bill.

In 2003, the Right Hon. Antonio Lamer, former chief justice of the Supreme Court of Canada, submitted a report on the independent review of the National Defence Act. He is not just anybody. He had much to say about judgments concerning grievances that had gone to the labour court, the Court of Appeal, and ultimately the Supreme Court. The Lamer report contained 88 recommendations concerning the military justice system, the Military Police Complaints Commission, the grievance procedure, which I will address at greater length today, and the Canadian Forces Provost Marshal.

Bill C-15 is the legislative response to those recommendations. However, only 28 recommendations have been incorporated into this new version.

Bill C-15 has appeared in several forms over the course of its history.

First, we had Bills C-7 and C-45, which died on the order paper when Parliament was prorogued in 2007—I think we know it is the practice of the Conservatives to cut off debate—and the 2008 election was called.

However, in July 2008, Bill C-60 made a comeback, simplifying the structure of courts martial and establishing a method for choosing the type of court martial that would be most consistent with the civilian justice system. That was precisely the objective that should have guided the sponsors of this reform and Bill C-15. That should be our goal: harmonization with the civilian justice system.

In 2009, the Standing Senate Committee on Legal and Constitutional Affairs considered Bill C-60 and made nine more recommendations to amend the National Defence Act.

In 2010, Bill C-41 was introduced to respond to the 2003 Lamer report and the 2009 Senate committee report. Provisions relating to the military justice system were included, such as provisions relating to sentencing reform, judges and military boards and committees, summary trials, the court martial panel and the Canadian Forces Provost Marshal and certain provisions relating to the Military Police Complaints Commission.

Essentially, Bill C-15 is similar to the version that came out of the Senate committee in the last Parliament. The amendments carried forward include the composition of the court martial panel and the appointment of military judges during good behaviour until the age of retirement.

Since I was elected, in May 2011, I have spent time on many occasions with soldiers of all ages, whether at Remembrance Day ceremonies with our courageous Canadian Legion members or at various meetings with soldiers and cadets in my region. I have met courageous, dynamic people who are very proud of their military profession.

However, when the time comes for them to return to peacetime life, these soldiers’ lives can be full of surprises and sometimes twists. All of them, the generations who lived through the major wars—the world wars, the Korean War or the Vietnam War—and other generations who have worked hard on numerous peacekeeping missions in the Middle East, in Africa, in Europe, or more recently in Iraq, Darfur and Afghanistan, deserve not only our admiration, but also our respect, for doing their duty.

That is why they deserve justice, a justice system in which they will be able to see themselves as individuals who are part of today’s modern society.

All these brave men and women have proudly carried the colours of our Canadian flag and staunchly defended the democratic principles we hold dear. Sometimes, however, and it must be said, the aftermath has left its marks, and sometimes they are heavy marks. When they come home, their life in our industrialized society begins, where the economy is what matters above all else. In this modern civilization, social status, acceptance by others, often comes from a person’s job and of course the pay associated with it, but also, everything depends on an academic background or wide-ranging experience here and there in the real world. Soldiers do in fact have an extraordinary background when it comes to understanding giving and duty. They are capable of great effort and courage.

And then, soldiers return to work in civilian life. This is why I focus on this when I talk about grievances in the military system and the consequences of those grievances. Whether or not it is appropriate, a candidate for a position that is available in a business is judged, most of the time, against objective criteria, I hope, but sometimes the candidate is assessed in a way, and let us not be afraid of the words, that may be more subjective. And so a little notation here or there about a minor problem during the person’s military service or in the performance of their duties during missions can sometimes become a major wrongdoing in the eyes of an employer who decides to make use of this workforce, which is so important to manufacturing and industry, but also to the service sector. That is why the NDP is truly disappointed that some of the amendments it proposed to Bill C-15 have not been incorporated.

I would like to mention the amendments concerning the authority of the Chief of Defence Staff in the grievance process. These amendments were a direct response to a recommendation by the Right Hon. Justice Antonio Lamer, the former chief justice of the Supreme Court of Canada. There are also the changes to the composition of the grievance committee so that 60% of its members would be civilians to make it more objective and to ensure that the grievance process is not conducted strictly by the military. Finally, there is the provision to ensure that a person convicted of an offence during a summary trial is not unfairly subjected to a criminal record. All too often, this criminal record will scare employers who need this labour force. As I mentioned, this workforce is important not only to the future of that business, but also to Canada's future.

As I already said in my speeches here, do not ask what this country can do for you, ask what you can do for your country. Those words are from John F. Kennedy, but they still apply. It is often said that Canada is a land that needs workers. The doors are open. We welcome them. However, we must not create problems for these applicants, for this workforce that is essential to our country's future. Believe me, Mr. Speaker, this kind of situation can seriously undermine a soldier's return to civilian life and his career after the military.

We need this workforce. Yet in this world, they will be subjected to a grievance system essential to justice and to fairness in the handling of disputes. Why not have harmonized the military and civilian justice systems in this respect? It would have been easy to do. This grievance adjudication system is even recognized by the Supreme Court in several decisions.

Bill C-15 on the reform of the military justice system should be based on the fundamental principles of law and justice on which our country was built. It is essential to put things back in place within National Defence and to give that department the means to adapt to the modern workplace, to the 21st century.

Still, the NDP believes this legislation is a step in the right direction—really—to bring the military justice system more in line with the civilian justice system. Other steps will have to be taken, and we hope the government will listen to our amendments.

May justice be done.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, I am pleased to speak today to Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

In 2012, and it will soon be 2013, modernizing the military justice system has become an urgent matter. While the military justice system should not be a carbon copy of the civilian justice system, the two systems must be harmonized more.

In that light one could say, reluctantly, that Bill C-15 is a step in the right direction. The NDP has long been in favour of updating the military justice system. Yes, Bill C-15, in its present form, brings us a little closer to where we want to go. But the problem is that it sets its sights so low that we must oppose it at second reading.

It is like a marathon where someone just runs the first kilometre and then says they have run the entire marathon. But a marathon is 42 kilometres, not one kilometre. The Conservatives are doing something like this with Bill C-15. They are telling everyone, “mission accomplished”, rather like a certain American president a while ago, although it is not the case.

No, Bill C-15 is not a finished product, far from it. It ignores too many of the recommendations in the 2003 report by former chief justice of the Supreme Court Antonio Lamer. In his report, Justice Lamer made 88 recommendations to improve military justice. Bill C-15, which is one of the legislative responses to the Lamer report, only retains 28 of the 88 recommendations. That is certainly not enough for something as important as reforming the summary trial system and the grievance system, and strengthening the Military Police Complaints Commission. This bill does not measure up.

In the previous Parliament, we worked in good faith with the party in power in order to improve the previous version of this bill, Bill C-41, as much as possible. In committee we proposed a number of amendments that were mostly adopted. The government could live with the amendments we had proposed at that time. We arrived at a compromise on several elements of the bill, but Bill C-41 died on the order paper.

When the current session began, we got a surprise. The main amendments that the NDP had proposed and the government had accepted had disappeared from the new version of Bill C-41, now known as Bill C-15. The amendments we had worked on together, most of them based directly on the recommendations in the Lamer report, had disappeared, as if by magic.

Among them were the amendments concerning the authority of the Chief of Defence Staff in the grievance process and that of the grievance board. At present, the Chief of Defence Staff lacks the authority to resolve the financial aspects arising from a grievance. That flaw was pointed out by Justice Lamer in his report.

As for the grievance board, we had suggested that at least 60% of the members should be civilians who had never served in the Canadian Forces, which would have helped a great deal. It was logical. If the objective was to have the Canadian Forces Grievance Board perceived as an external, independent body, then it would have to include a good proportion of civilians. As we know, one plus one makes two, or at least I think it still does.

However, the government decided not to include this suggestion in Bill C-15. One other element of this bill, which we studied carefully before deciding whether or not to support it, is the whole issue of reforming the summary trial system.

In our opinion, Bill C-15 does not respond adequately to the injustice of summary trials. Canadians should be aware that, at present, a member of the military who is found guilty of a minor offence such as insubordination, drunkenness or misconduct will be given a criminal record. That criminal record, of course, follows the member into civilian life after the Canadian Forces. We understand the need for the army to enforce strict discipline but this kind of sanction for minor infractions is really too severe.

We must also remember that the way guilt is determined in the military is very special. In the summary trial system the judge is the accused person's commanding officer. The accused has no right to appeal and no access to a transcript of the trial. In short, the system is very harsh and particularly so for those accused of minor offences.

As I said in the beginning, Bill C-15 is not completely bad. Among other things, it offers some relief for the problem I have just outlined, the injustice of military members getting a criminal record for minor offences. But, once again, Bill C-15 does not go far enough.

During consideration of Bill C-41 in committee, we proposed extending the list of minor offences to 27. In Bill C-15, the number of minor offences is just five, which is not nearly enough. Let us be clear: we realize that the military justice system has to be different than the civilian justice system. But that does not mean we should turn a blind eye to its flaws. A criminal record is a serious stain on a person's file. It is an impediment to getting a job, renting an apartment, travelling and so forth.

For people who proudly served their country to end up with a criminal record because of flaws in the military justice system is outrageous. I am sure that Canadians agree with us on that. Let us not forget that these people serve our country and are entitled to a fair justice system that will allow them to return to civilian life without completely destroying their future.

I am ready to take questions.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, seeks to address problems with military justice under the National Defence Act. It follows up on the 2003 report by the former chief justice of the Supreme Court, the Right Hon. Antonio Lamer, and the 2009 report of the Standing Senate Committee on Legal and Constitutional Affairs.

In Canada, we have a separate military justice system that includes military tribunals, and this is not a unique situation. Under the National Defence Act, there is a code of military discipline that includes specific military offences and all offences under the code or any other federal legislation. This code of discipline applies to members of the Canadian Forces. The system has evolved significantly since the Canadian Charter of Rights and Freedoms came into force, because some provisions violated the fundamental rights of our men and women in uniform.

Military justice must be a part of Canada's justice system as a whole. We must ensure that military justice laws are consistent with other laws in our broader justice system, at least when it comes to the fundamental principles of law. We need to understand that there are differences between military law and the rest of the legal system, and with good reason. The military justice system recognizes the relationship between the justice system and discipline within the armed forces.

Discipline is very important in the army. I will quote an expert in military law, retired colonel Michel Drapeau, who is a lawyer in private practice and has considerable experience in the military. He is also the author of the only significant military legal text in Canada, an annotated book on the military aspects of the National Defence Act. It is quite a useful source of information. This is what Mr. Drapeau says about the importance of discipline in military law:

Therefore, discipline is integral not only to the maintaining of an efficient armed forces, but also to ensuring that the rule of law predominates within the military, particularly when engaged in great peril and danger in combat.

The military justice system is important for two reasons. It serves not only to quickly and severely punish those who break the law or disobey the rules of discipline but also to allow recourse to different procedural rules in the military context. Furthermore, it is extremely important that everyone adhere to the rule of law when engaged in a combat situation.

Our country certainly wants its troops to be capable of using force in a lawful manner, regardless of the circumstances or great peril they might face. As a result, the military justice system does not just exist to punish wrongdoers; it is also key to command, discipline and morale.

The reform of the military justice system set out in this bill is problematic. First, there is the summary trial process or, rather, the possible consequences of a summary trial conviction. This makes a big difference. According to the Canadian Forces' own information, which is available on their website, the summary trial is by far the most important and most commonly used form of service tribunal. When a solider is accused of a service offence, a summary trial is the simplest way of dealing with it.

The other advantage of the summary trial process is that it allows problems to be resolved within the unit. The trial is usually presided over—and this is important—by a superior officer. Right now, a summary trial conviction can result in a criminal record. We are talking about a trial before a superior officer who, by National Defence's own admission, does not need any legal training, where no lawyers are present, and that can lead to a criminal record for soldiers.

What is more, there is no transcript of the trial. The consequence is too severe for disciplinary measures. A criminal record will make life difficult for our soldiers when they return to civilian life. A criminal record is a barrier to finding employment, renting a place to live and even taking a week's vacation in the United States.

The bill does contain a few good things. It defines offences that will be considered minor and therefore will not result in a criminal record. However, when the previous bill, Bill C-41, was examined in committee, the NDP proposed that the list of minor offences be expanded from 5 to 27.

Let us be honest: offences such as insubordination, quarrels, misconduct, absence without leave, drunkenness and disobeying an order warrant disciplinary action but not a criminal record. The Minister of National Defence himself told the committee studying the former Bill C-41 that:

...the summary trial system strikes the necessary balance between meeting the unique disciplinary needs of the Canadian Forces and the needs to respect the rights of individual members of our military.

I think he is right, but his bill does not achieve this balance. Colonel Michel Drapeau, a military expert, agrees that summary trials are problematic. He said:

I strongly believe that the summary trial issue must be addressed by this committee. There is currently nothing more important for Parliament to focus on than fixing a system that affects the legal rights of a significant number of Canadian citizens every year. Why? Because unless and until you, the legislators, address this issue, it is almost impossible for the court to address any challenge, since no appeal of a summary trial verdict or sentence is permitted. As well, it is almost impossible for any other form of legal challenge to take place, since there are no trial transcripts and no right to counsel at summary trial.

A number of countries have already made changes to their military justice system to better regulate summary trials. These countries, which have a lot in common with Canada, include Ireland, Great Britain, Australia and New Zealand. We must also make changes, and the sooner the better.

Many Canadians would be surprised, and probably shocked, to learn that the people who have served our country with such valour can have a criminal record under a system that does not have the procedural regularity that is ordinarily required in the civilian criminal courts. They would be horrified to see the kind of problems this can cause in careers and lives post-military.

The government already does not give veterans the services they deserve, so we should at least be fair to the people who are serving the country right now.

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

Mr. Speaker, I am pleased to have this opportunity to speak to Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts. This very important initiative, which deserves our full attention, has been under consideration by the House since 2007.

What I find most regrettable is that the bill responds to only one-third of the recommendations made by former justice Lamer. He had raised some very interesting issues that need to be addressed to ensure a fairer and better military justice system for those who proudly defend and represent our country.

During recent minority governments, the House supported the amendments tabled by the NDP. However, after reading the bill, I realized that many of these recommendations had been left out, including important ones concerning the powers of the Chief of Defence Staff in the grievance process, changes to the composition of the grievance board so that 60% of the members would be civilians, and a provision that would ensure that a person convicted at a summary trial would not be unfairly subject to a criminal record. These are important amendments that are critical to the reintegration of veterans into civilian life once their tour of duty is over.

Even though the bill does contain some worthwhile ideas, I am afraid that I must oppose it given that it does have several major shortcomings that we must address.

For example, I am concerned about the summary trial provisions. Sentences imposed on accused persons have enormous ramifications, especially when they result in a criminal record. Given that the accused person is only entitled to a trial without the possibility of consulting with counsel and without any appeal or trial transcript, and given that the judge is the accused person’s commanding officer, I highly doubt that such a trial can truly be fair to the accused person. Although it is extremely important to me that the behaviour of our Canadian Forces members be above reproach, I think that saddling an individual with a criminal record that will stay with him when he returns to civilian life is too harsh a provision.

People still have much to contribute to their communities once their career in the military has ended. A criminal record can make it difficult for them to secure employment, rent an apartment or travel abroad. I want to make myself clear on this. While I do believe that a person should be punished for breaking the rules, he should not be saddled with a criminal record that could ruin his life.

While I am on the subject, I would like to point out one of the positive provisions in the bill. People convicted of certain offences are handed a sentence that no longer results in a criminal record. Personally, however, I think the bill should go even further and exempt more offences. Last March, at the committee stage, the NDP recommended that a total of 27 offences be on this exclusion list, and not just the five originally listed. I suggest that this amendment be included again, as it constitutes a major step in the right direction.

In my view, we need to take a closer look at the long-term implications of creating criminal records for Canadian Forces members. I am convinced that my constituents would be shocked to learn that shortcomings in the system could ruin the lives of people who have committed minor offences, when they have given their all for our country.

I am also concerned about the independence of the grievance process. At present, the board does not allow for an external review. To my way of thinking this board should be perceived as an external, independent civilian body and changes need to be made to the appointment process.

The NDP had suggested that at least 60% of the board members be civilians. This amendment was adopted in March 2011 when Bill C-41, an earlier version of this bill, was before the House. However, it was left out of Bill C-15.

I am very disappointed that an initiative aimed at lending greater transparency and legitimacy to such an important process has been left out when we had agreed earlier to include it.

I also feel the same way about a proposed amendment to grant more powers to the Chief of Defence Staff when it comes to dealing with financial considerations arising from grievances. I will continue to fight for the inclusion in the bill of these two forgotten amendments.

And finally, the Military Police Complaints Commission should, in my opinion, be granted more powers to conduct legitimate investigations and report back to Parliament.

I would like the members of our military to have a transparent and fairer justice system, where the consequences are more balanced when members return to civilian life and where those responsible for imposing sentences and reviewing grievances have the powers they need to ensure that justice is delivered diligently and effectively.

I have spent a considerable amount of time talking to veterans in my riding of Terrebonne—Blainville about issues that are important to them. Unfortunately, many of them live isolated lives with depleted means. It breaks my heart to see people who fought bravely for our welfare and freedoms forgotten in such a way.

I met with them last February when I led a round table discussion on poverty among seniors. I was completely flabbergasted when they told me they were forced to choose between housing, food, drugs and transportation because of their meagre pensions. Is this what we want for all of our seniors, including our brave veterans? I do not believe so.

I believe we can offer them more security and some hope that they can live out their lives more comfortably. I would like to mention at this time three agencies in my riding that are doing amazing work with veterans. They are the Amicale des vétérans de Terrebonnne, the Royal Canadian Legion Branch 208 in Sainte-Thérèse and the NATO Veterans Organization of Canada. The primary goal of staff, volunteers and members of these organizations is to provide a meeting place for military veterans and retired police officers.

Since 1945, the Royal Canadian Legion, Branch 208, in Sainte-Thérèse, has provided veterans with a location where they can meet, talk and have fun. The Legion supports our war heroes by providing them with advice and assisting them in their dealings with the government so that they are treated with dignity. It also helps educate future generations about their heritage and our history, in order to keep our collective memory alive.

For more than 60 years now, the Amicale des vétérans has served veterans through meetings, discussions and entertainment. The agency is involved in the community by associating with other veterans' organizations in order to enhance the services provided, thereby contributing to the members' well-being.

For its part, the NATO Veterans Organization of Canada works in a number of areas with former and active members of the Canadian armed forces, the RCMP and the merchant navy. Its goal is to ensure recognition for the contribution of members of the Canadian armed forces, the RCMP, the merchant navy, the North Atlantic Treaty Organization, NORAD, the United Nations and other multilateral and bilateral institutions. Its actions make it possible to perpetuate the memories and deeds of members who lost their lives in the service of Canada. It provides support and contributes to the welfare of all its members, their families and their dependents. It fights to promote the interests of all veterans, brings together all those who have served and co-operates with other veterans' organizations with comparable aims and objectives. By establishing regional organizations, the NATO Veterans Organization hopes to reach as many veterans as possible.

We are fortunate to have organizations that, despite limited resources, work to help and support our veterans.

With this bill, we as parliamentarians have an opportunity to offer those serving in the military a better justice system that may have a positive impact on their personal and professional lives after their military career. We must go even further and adapt their military reality to suit the life they will be facing once their military service has ended.

Our serving members and our veterans deserve a military justice system that is fair and proportionate. They deserve the best because they give us their all. On their behalf, I am asking this House to assess the NDP's proposals and show the same courage that they showed for us. Let us have the courage to make the amendments that are needed to give them a better military justice system, a system that they deserve.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank the member for Joliette for her excellent speech.

Among the amendments that we made to Bill C-41, we proposed expanding the list of offences that would be considered minor and would not automatically lead to a criminal record. We expanded the list from 5 offences to 27. As examples of severe reprimand, we made suggestions such as a fine equivalent to one month's salary and other minor punishments.

My colleague from Joliette spoke a lot about the severity of the punishment in relation to the minor nature of the offence, which would not be justified in civilian law. Could she speak more to this type of offence?

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I am sure people will say that the NDP members ramble on, always saying the same things in their speeches on Bill C-15, but we have not finished repeating ourselves. We want to make our voice heard.

I am very pleased to be taking part in this debate on Bill C-15, which I believe says a great deal about the values the Conservative government has chosen to promote and those it has decided to disregard. When a country claims to establish democracy and social justice in foreign countries, it is interesting to see how the government of that country treats its citizens.

And it is all the more interesting to see how this government decides to treat those who defend its citizens. Unfortunately, I believe this bill neither respects the men and women in uniform who defend this country nor represents Canadian values. Although it would be a good opportunity for the Conservatives to enter the 21st century, once again, they have missed the boat.

Bill C-15 is not new to this House. It is a response to a report by a former chief justice of the Supreme Court of Canada, the Right Hon. Antonio Lamer, who in 2003 made 88 recommendations in his review of military justice. The Conservatives have accepted 28 of that number. Military justice was also the topic of a report by the Standing Senate Committee on Legal and Constitutional Affairs in 2009 and has been the subject of many bills: C-7, C-45, C-60 and C-41, all of which died on the order paper.

It is unfortunate to have to say it, but the Conservatives do not surprise me. They have gotten into the habit of taking half-measures by introducing half-finished bills to impose their ideological agenda on all government bodies. I would never say these kinds of things if they were not true. I repeat, only 28 of the 88 recommendations in the Lamer report were accepted for the purposes of this bill.

Even worse, the Conservatives knowingly disregarded all the work done by the Standing Committee on National Defence. The bill's title has changed, but its objectives remain the same. So why forget in 2012 work that was done in 2011? With the Conservatives, it is the myth of Sisyphus: we always have to start over, again and again.

The way the Conservatives use our institutions never ceases to astonish me. We have everything we need to conduct a discussion and come up with proposals that are more in line with what Canadians want. Unfortunately, the Conservatives prefer to squabble in the House rather than conduct a healthy debate. If that were not the case, why would they have rejected the NDP's amendments to Bill C-41, a forerunner to Bill C-15? The truth is that, in committee and in the House, the Conservatives only hear one voice: their own.

However, the government has every interest in listening to the NDP on this matter, if it wants to avoid making a serious mistake. I want to focus on one point regarding Bill C-15 that I find particularly annoying: summary trials. The Minister of National Defence claims Canadians know that the military justice system treats those who serve them fairly and in accordance with Canadian standards and values. It is all well and good to say that, but when the facts do not support the allegations, it is better to say nothing.

So let us talk about Canadian values. Aside from empty rhetoric, I wonder where those values now stand. There is a very useful document that we can refer to in these kinds of situations: the Constitution. In 1983, this country included in its Constitution a passage on the rights of military members. It states that, like all Canadians, they are entitled to a fair trial, represented here by a court martial.

In spite of the Constitution, the Lamer report, the Senate report and numerous recommendations by the NDP, the Conservatives have retained summary trials. But what is a summary trial? It is a judgment rendered by an immediate superior officer without a public trial, without any written record of the proceedings and without any right to counsel, and it automatically results in a criminal record.

Even minor offences result in a criminal record. When they leave the military, people convicted in this way may have trouble finding a job or a place to live.

Is that any way to thank those who defend us, by throwing them out into the street for a minor offence?

This is no exaggeration. In 2008 in 2009, 96% of military offences were prosecuted by summary trial. This is the armed forces, and a firm hand is called for. Our military members are used to strict discipline and expect to be treated strictly. That is why the NDP proposed that harsh penalties be applied, such as imposing fines and docking pay, but there is quite a difference between that and handing out criminal records for being 10 minutes late.

The military members who serve this country deserve all our consideration. They are career military people who know the responsibilities inherent in their choice of occupation. We no longer have conscription. It is time we recognized that fact. They are in the armed forces because they are concerned about defending all citizens and are prepared to make major personal sacrifices. The least we can do is treat them fairly.

Summary trials have been abandoned in Great Britain, Ireland, New Zealand and Australia. Why should Canada insist on continuing this old tradition?

The NDP believes this bill is headed in the right direction by further harmonizing the military justice and the civilian justice systems. However, it does not address key issues involved in reforming the summary trial system and the grievance system or in reinforcing the Military Police Complaints Commission.

I have met veterans in my riding who are proud of the work they have done. Every year, we honour them on Remembrance Day. However, perhaps the best way to thank them would be to give those who follow in their footsteps a little more respect.

Ultimately, I believe that the Conservatives have missed an opportunity with Bill C-15. They are delaying Canada's entry into the 21st century.