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.

Strengthening Military Justice in the Defence of Canada Act

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, it is an honour to speak after my colleague, who gave an excellent speech, not only on the substance of the bill, but also on its form and the Conservatives' process of introducing omnibus bills, proroguing Parliament and not respecting the work of parliamentarians. We are being repeatedly gagged: over 30 gag orders in a year and a half.

This highlights how the majority Conservative government is undermining the health of our democracy and respect for the work of parliamentarians. This bill is yet another example of that. In a way, the government is not respecting the work of parliamentarians because we are being asked to redo something that was already done once before.

I really liked the analogy that it is as though the government took the previous version instead of the new version of the bill out of the photocopier. The government figured it was no big deal, that it would all be sorted out in committee, since it would ask parliamentarians to redo what their predecessors had already done. It is a waste of time. The Conservatives are used to wasting money. Now, they are wasting time.

Before outlining all our concerns with this bill, I would like to make something clear. When we discuss justice or correctional systems issues that affect people's lives, we must not underestimate the importance of these debates and discussions in our society.

Mr. Speaker, you are more aware of the repercussions of the justice system, whether civilian or military, than many people here. Today we are pleased to be discussing the military justice system that affects the men and women who serve in the Canadian Forces.

We New Democrats believe that some elements that are not in the current bill should be there in order to improve the bill and respond to the legitimate hopes and aspirations of the people in our armed forces. The men and women in our armed forces serve under extremely strict and severe rules of discipline. We understand why that is, of course. However, it is important that they have an equally strict justice system that is functional and well managed in order to ensure that justice is done, that they are not victims of inequity and that the consequences do not follow them into their lives after they leave the armed forces.

Most people join the armed forces when they are quite young. It is not often that someone my age signs up. Thus, they are in the prime of life when they finish their service. They will need to continue working, to find a job and housing, and perhaps they will want to travel or study abroad. But under the current system, there are consequences from offences that are minor, but serious within the Canadian Forces, which we acknowledge. And that can leave its mark—it has been discussed to some extent—such as a criminal record that will complicate their lives.

We are aware of that, and I think that many Quebeckers and Canadians would be shocked to learn that people who risk their lives, their safety and their health while serving their country could be penalized for the role they have played. If they committed a similar offence in civilian life, the consequences and the price to pay would be less significant. That needs to be said. We must discuss this so that Canadians and Quebeckers have confidence in the military justice system. At this time, major improvements are needed in order to respect the sacrifices being asked of the men and women who serve in our armed forces.

In our opinion, the key issues in reforming the system are the issue of summary trials, which we will come back to; the existing grievance system; and the need to strengthen the powers of the Military Police Complaints Commission. This is not our only request for strengthening the powers of certain commissioners or officers; I am spending my days arguing in favour of more powers for the Chief Electoral Officer, but that is another topic.

There is a lot of background to Bill C-15, which we are studying today. We have been considering this matter and trying to find ways to improve it for some time now. In 2003, Antonio Lamer, a former chief justice of the Supreme Court of Canada, tabled a report on his independent review of the National Defence Act. The Lamer report contained 88 recommendations on military justice, the Military Police Complaints Commission, the grievance process and the roles and powers of the Canadian Forces Provost Marshal. Bill C-15 is the response to those recommendations. However, only 28 of them were included in the Conservatives' bill. What happened to the other 60? They suddenly disappeared with a wave of the magic wand by the Conservatives, who feel they are not necessary. However, we think the recommendations contain important ideas on necessary improvements to the military justice system.

Bill C-15 is the latest version of a bill that is part of a long legislative saga. Let us not forget bills C-7 and C-45, which died on the order paper when Parliament was prorogued in 2007 and an election subsequently called in 2008. The prorogation that killed Bill C-7 was caused by the Conservative Prime Minister, who was afraid his government would be overturned by legitimately elected parliamentarians democratically representing the citizens of Canada. He therefore chose to shut down Parliament rather than step up to his responsibilities.

In July 2008, Bill C-60 came back with a vengeance, simplifying the structure of courts martial and establishing a method for choosing the kind of court martial most consistent with the civilian justice system. In 2010, Bill C-41 was introduced as a response to the 2003 Lamer report and the 2009 Senate committee report. It contained provisions respecting military justice issues, such as sentencing reform, military judges and committees, summary trials, court martial panels and the Canadian Forces Provost Marshal, and certain provisions respecting the Military Police Complaints Commission.

Bill C-15 is essentially similar to the version of Bill C-41 that the Senate committee introduced in the last Parliament, of which I was obviously not yet a member. The amendments made to it include some aspects that were already there, whereas others have been forgotten along the way. It is as though Tom Thumb left some pebbles along his path but lost a few.

Some ideas in the amendments introduced by the NDP are thus not included in Bill C-15, and yet they are important: provisions respecting the authority of the Chief of Defence Staff in the grievance process, which is a direct response to a Lamer report recommendation; changes in the composition of grievance committees so that they include more civilians—we have to open the door and welcome people who have a different perspective, outlook or viewpoint than those of people who have come directly from the Canadian Forces because we believe that would help strike a balance—and provisions guaranteeing that a person convicted of an offence in a summary trial is not unfairly subject to a criminal record. Once again, we are being forced to do a job that has already been done.

The bill contains many important reforms. There is a silver lining because there are some good measures in the bill. In fact, improvements have been made. However, we believe that we must do much more to ensure that members of the Canadian Forces have a good justice system. For these reasons, the NDP will be voting against Bill C-15 at second reading stage.

Important work remains to be done, including reforming the summary trial system. Amendments made to Bill C-15 do not do enough to correct the injustice of summary trials. At present, a conviction results in a criminal record. Summary trials are held without the accused being able to consult counsel. There are no appeals or transcripts of the trial, and the judge is the accused person's commanding officer. We believe that this ignores the principles of natural justice that are features of legal systems around the world. The fact that the commanding officer is the judge can sometimes cause problems with the impartiality of his judgment and ruling.

Minor offences, such as insubordination, quarrels, misconduct, and absence without leave, do not warrant the harsh consequences of a criminal record. We believe that, to be fair to our soldiers, we have to improve the bill. We hope to work with all members to ensure that justice can finally be done for the people working in the Canadian Forces.

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

Mr. Speaker, I would like to thank the hon. member for Skeena—Bulkley Valley for his speech.

I would just like to make a comment at this point. I was not here during the previous Parliament, and so I was unable to contribute to the amendments to Bill C-41, which was before the House at that time. Nevertheless, I am shocked to hear what happened to Bill C-41 when the House returned and reintroduced it as Bill C-15 without the amendments that were submitted and adopted by the committee.

Like most of my colleagues, I am quite concerned about what can happen in committee, despite the government's claim that it is open to amendments. That is what my committee was told in the case of a number of bills, unfortunately, but as we heard this morning, most bills were not passed with amendments. I am shocked to see that the government does not want to work with the opposition parties as it did before.

I just wanted to make this comment to my colleague.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, we cannot really talk about Bill C-15 unless we talk about the Lamer report. Contrary to some of my colleagues across the floor it is not the “Lay-mer” report, it is actually the Lamer report.

In 2003, the Rt. Hon. Antonio Lamer, who is a former chief justice of the Supreme Court, presented a report that made recommendations on how we could improve our Military Police Complaints Commission. Looking at that report and then looking at Bill C-15, I can say with confidence, as many of my colleagues have, that the NDP will vote against Bill C-15.

Bill C-15 is a step in the right direction. The NDP absolutely acknowledges that. However, it does not go far enough. I can only imagine the bill will get through second reading and get to committee because the Conservatives will vote in favour of it. When it does get to committee, I am very hopeful that we can bring in some witnesses and talk about how to improve the bill and what kinds of amendments we should make to it to make it stronger and to actually implement the recommendations that were in the Lamer report.

What kinds of amendments would we want to see? When we are looking at Bill C-15, the NDP takes the same approach as former chief justice Lamer took in his report . I will read from the summary because there is a nice set-up in the summary of the report. It says:

While not entirely without room for improvement, it is my conclusion that the military justice system is generally working well. However, the grievance process, also a subject of Bill C-25, unfortunately is not. The large number of outstanding grievances—close to 800 at last count, some outstanding for ten or more years—is unacceptable. As a result, I have made many recommendations to ensure that grievances are dealt with much more quickly and in a fair and transparent manner.

This set-up for the report is the same kind of balanced approach that the NDP is trying to take to the bill. We do believe, very much so, that the military justice system is working well. However, there are flaws and when there are flaws, and perhaps more importantly when there are solutions or fixes for those flaws, we must act to implement those changes.

There are important reforms in Bill C-15 and the NDP does support the long overdue update to the military justice system. However, there are important measures that need to be included in the bill and without these measures being included, the bill is incomplete. If the bill is incomplete, it is something that we should not support.

I will start with the grievance process. I will refer directly to the Lamer report. Chief Justice Lamer wrote that although the grievance process that was created seems to be sound on its face, in theory, the way that it actually operates has not been sound. That is really important. We need to pay attention to the way things play out in real life, not just how they look on paper.

He pointed out that grievances still caught in the process after 10 or 12 years are not unheard of and those of two or more years at the level of Chief of Defence Staff seem to be the norm. He further pointed out that many grievers complained that they were not advised as to the reasons for their delays or where their grievances were in the grievance process. Therefore, the Lamer report recommended new measures to end these unacceptable delays, reduce bureaucracy and ultimately increase transparency.

His first recommendation in this section was that the Chief of Defence Staff must be given the power to delegate decision making in respect of all grievances to someone under his command and control, except those that may have significant implications for the Canadian Forces.

Members will remember that this recommendation came out in 2003 and here we are in 2012. This flaw still exists for some unimaginable reason. As I said earlier, when there is a flaw we have to act to correct that flaw, particularly when we have solutions. This is a very solid recommendation and I do not understand why Bill C-15 would not take into consideration something as basic and simple as this. This is not a recommendation that creates bureaucracy and red tape or requires money or even thinking outside the box too much. It is a pretty straightforward recommendation. Therefore, I do believe it is incumbent on us to act and to make sure that Bill C-15 would include a sound recommendation such as this, because the flaw still exists.

The Chief of Defence Staff presently lacks the authority to resolve any and all financial aspects arising from a grievance, in direct contradiction to the recommendation of the Lamer report. Despite the fact the Minister of National Defence at the time agreed to this recommendation, there have not been any concrete steps over the past eight years to implement this recommendation.

It is worth pointing out that the bill has appeared in different incarnations and at committee in other Parliaments. The NDP did propose an amendment to this effect at committee when the bill was called Bill C-41. The consensus at the table was that it was a sound recommendation and the NDP will fight to include a similar amendment in Bill C-15.

At committee I will watch with great interest the testimony and discussion around the reform of the summary trial system. Here, I will say that I am proud to represent the riding of Halifax, a military town, as I am sure members know. It is the home of Canada's east coast navy. Although I meet members of the Canadian Forces every day in their role as service members, I also meet them and their families in and about the community, because they are not separate from the community. They are not separate from us. Rather, they are like us and part of our community. They are our neighbours and hockey coaches. Their families are in our schools and they volunteer there. They are part of who we are as the community of Halifax. We therefore come to know them and their families quite well and understand the incredible sacrifices their families make because one or both parents are serving. It is not easy to be a military family.

I have visited the military family resource centre in Halifax a few times and have had great discussions there. I heard first-hand from spouses about the difficulties of having their partners away for so long and not having control over that process. They are constantly moving, so even doing some things that we might think simple, such as buying or selling a house, causes great stress and often it is just one parent who has to do that. The kids have to adjust to new schools, find new friends, and figure out their new community as they move around. They undergo a lot of stress and pressure and really do sacrifice a lot because one or both parents serve in the Canadian Forces.

Then imagine a forces member going through all of these sacrifices with their families and at the end being released with a criminal record. Can we imagine how difficult that would make post-service life, and how hard it would be to get approved for an apartment or find a job outside of the Canadian Forces? That is a distinct possibility because the way the system is set up now, quarrelling or making a disturbance or even being drunk are considered summary offences. The person could end up with a criminal record because of these charges. God forbid that people in the rest of Canada, or perhaps even people here in the chamber, should end up with a criminal record for drunkenness.

While the bill does change that fact, the NDP would like to expand the list of minor offences because a lot of them are not worthy of a criminal record. If one thinks about the impact these minor offences would have on families and the community if considered cause for a criminal record outside of the Canadian Forces, they are unfair and unjust. If we talk to other organizations in the community they would agree that this is something that needs to be reformed. Therefore, I will watch the discussion on this subject at committee with bated breath.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, as we know, Bill C-15 was preceded by Bill C-41, in which numerous amendments were made and passed by the then parliamentary committee. However, these amendments are not seen in the current Bill C-15.

Why on earth would we, in a previous Parliament, make good changes to a bill and then overlook them in the current session?

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, I am pleased to rise in this House today to oppose this bill. It is a particularly glaring example of how this government thinks it has a monopoly on good ideas and that no one else has any, especially not the opposition.

Our party has long been calling for changes to ensure greater justice for members of the Canadian Forces. There is no denying that this is the fundamental principle behind this bill and our discussion. Why should a soldier, who is a citizen like anyone else, not have access to a fair and balanced justice system where human dignity is a priority? Whether we are soldiers or not, a person's career choice should have no bearing on the level of justice he or she can expect to enjoy. It is that simple. Changes have to be made.

Unfortunately, this bill does not go far enough and contains measures that are sometimes inappropriate. I would like to point out that it provides for greater latitude in sentencing and introduces new sentences, such as absolute discharge, intermittent sentences and restitution. It makes changes to the membership of the court martial panel according to the rank of the accused, and to the summary trial limitation period and the option of waiving the limitation period at the request of the accused. The responsibilities of the Canadian Forces Provost Marshal and the delegation of the Chief of Defence Staff's powers as the final authority in the grievance process have also been changed.

In light of all these changes, there are questions that must be asked. How is this of benefit to the simple soldier, who needs recourse to a justice system that does not penalize him unduly and does not jeopardize his future after his military career? The proposed changes may even strengthen some of the powers of certain senior levels in relation to the ordinary soldier. We must be sure that our constituents can benefit from measures needed to defend themselves in these situations. The bill appears to be a step in the right direction toward greater standardization of the military justice system. However, it does not address the key issues in reforming the summary trial process and the grievance system and strengthening the Military Police Complaints Commission. These are three things that would give greater strength to ordinary soldiers in our Canadian Forces.

We have supported updating the military justice system for a long time now. Members of the Canadian Forces are subject to extremely high disciplinary standards, and they deserve a justice system that is subject to standards that are just as high.

Nevertheless, we will oppose Bill C-15 at second reading, as it contains a number of shortcomings, which, we hope, will be discussed in committee if the bill is passed at second reading, something that is very likely, given the majority held by the Conservative government. Here are the major amendments that we are proposing.

The amendments to Bill C-15, for instance, do not deal adequately with the injustice of the summary trial process. Currently, a conviction at a summary trial in the Canadian Forces leads to a criminal record. Summary trials are held even though the accused are unable to consult with counsel. There is no appeal, nor is there a transcript of the trial.

Furthermore, the trial judge is the accused person's commanding officer. This is too harsh for some members of the Canadian Forces who are convicted of minor offences. These minor offences include insubordination, quarrels, misconduct, absences without leave, drunkenness and disobeying a lawful command.

We must be very careful, because it is obvious that soldiers, like us, have good days and bad days. They are subject to a great deal of pressure and stress, particularly in combat situations and other difficult situations. It is also perfectly normal that soldiers, who are often very young, should commit minor offences. I am not saying that people are not very smart when they are young, but they may be a little more adventurous and resist authority a little more. It is normal for people to go through this stage of life. Penalizing a soldier who has committed a minor offence by saddling him with a criminal record seems completely unreasonable. We must be absolutely sure that measures are put in place to determine whether or not an offence is a serious one.

Bill C-15 also provides for an exemption so that certain offences will no longer be included in a criminal record, if there is a minor punishment under the act or a fine of $500 or less. That is not necessarily a bad thing. That is one of the positive aspects of this bill, but in our opinion it does not go far enough.

Last March, when Bill C-41 was considered in committee, the amendments proposed by the NDP called for the list of offences that could be considered to be minor to be extended to 27 from five. The question is therefore what is considered to be a minor offence or a major offence. In our opinion, too many offences are considered to be major. The list of offences considered to be minor should be extended to 27 from five, which is entirely reasonable.

In addition, the amendment proposed by the NDP called for the list of sentences that can be imposed by a tribunal without the offender having a criminal record to be extended as well, with the addition of a severe reprimand, a reprimand or a fine of up to one month of basic pay or other forms of minor punishments. I reiterate: one month’s pay.

In speaking with my military constituents, I have realized that they are not wealthy. There is no point in pretending otherwise: an average soldier who is not an officer does not get the highest pay in the world. Their pay cannot be compared in any way with a member of Parliament’s pay. Fining someone a month’s pay is a harsh punishment, particularly when they have a young family to feed. Soldiers often have young families. We have to acknowledge that this is a severe punishment.

As a final point, I will stay on the subject of that amendment, to complete my comments in that regard. That amendment was an important step forward for summary trials. However, since it was not incorporated into Bill C-15, we want it to be included again.

A criminal record can make life after a military career extremely difficult. Having a criminal record can make it very hard to get a job, rent an apartment or travel abroad.

We ask soldiers to make the transition between military life and civilian life, but if they commit a minor offence, they have a criminal record. That is completely illogical.

In conclusion, a bill about military justice has to take into account the fact that our soldiers are also citizens who deserve justice.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I am honoured to rise after many of my colleagues have spoken in the last few months to Bill C-15 on military justice.

In 2003, the Right Hon. Antonio Lamer, who was the former Chief Justice of our Supreme Court, presented his report containing an independent review of the National Defence Act. That report contained 88 recommendations pertaining to military justice, the Military Police Complaints Commission, grievance procedures, the Provost Marshal and so on.

The bill is the legislative response to these recommendations. Thus far, however, only 28 recommendations have been implemented in legislation, regulation or by a change in practice.

In 2010, Bill C-41 was introduced to respond to the Lamer report, and in essence this bill is similar to Bill C-41 that came out of committee in the previous Parliament. The amendments carried over include court martial composition and military judge security of tenure.

However, other important amendments—and it is really important that we all be aware of this—that passed committee stage at the end of the last parliamentary session did not end up in the bill. These include the following three NDP amendments that I will mention.

First, the authority of the Chief of the Defence Staff in the grievance process: This was amended clause 6 in Bill C-41, responding directly to Chief Justice Lamer's recommendation. That is not here.

Second, changes to the composition of the grievance committee to include a 60% civilian membership: This was an amended clause in Bill C-41. Again, this is not in Bill C-15.

Third and finally, a provision ensuring that a person who is convicted of an offence during a summary trial is not unfairly subjected to a criminal record: This is amended clause 75 in Bill C-41. This last amendment from Bill C-41 that did not reappear in the bill will be the main focus of my own remarks.

The NDP will be opposing the bill at second reading. However, we do hope that some of these shortcomings that I will be emphasizing, and have been emphasized by some 50 or 60 of my colleagues in the House, will be looked at seriously. The practice of committees of the House will vary somewhat in this case, I hope, and some amendments will come back at third reading.

I want to clarify that the amendments to Bill C-15 do not adequately address the injustice of summary trials. Summary trials are by far the most used military tribunal within the military justice system. The purpose of a summary trial is to deal with minor military-related offences. The objective is to quickly deal with alleged offences within the unit, so members can be returned to active service as quickly as possible, which helps promote and maintain discipline within the unit.

In his brief, Colonel Michel Drapeau stated that the summary trial was the most frequently used disciplinary method to deal with offences committed by Canada's military personnel. In 2008-09, 1,865 cases in total—96%—were resolved through summary trial, while only 67 cases—4%—were heard through court martial.

The amendments in Bill C-15 do not adequately address the unfairness of summary trials. Currently a conviction of a service offence from a summary trial in the forces can result in a criminal record. Summary trials are held without the ability of the accused to consult counsel. There are no appeals, there are no transcripts of the trial and the judge is the accused person's commanding officer.

This reflects an undue harshness when certain members of the forces who are convicted of various minor service offences end up with a criminal record, leave the service at some point and enter into society, with a criminal record and everything we know that can imply for their prospects, whether it is looking for jobs or advancing in the educational sphere. The fact that people have criminal records can sometimes be looked at when they want to upgrade their education.

Some of the minor service offences include insubordination, quarrels, disturbances, absences without leave, drunkenness and disobeying a lawful command. These, by definition, could be extremely important matters to military discipline, as we can imagine, every one that I have just listed. Discipline and efficient functioning of a military unit has to be at the very core of how the military functions, and we can see how these could be of great instrumental concern to the military. However, they are not worthy of a criminal record, I suggest.

Bill C-15 makes exemptions for a select number of offences if they carry a minor punishment, which is defined in the act, or a fine less than $500. These would no longer result in a criminal record. This is to be welcomed, but my point is that the recommendations in Chief Justice Lamer's report and the NDP amendments in Bill C-41 have to be taken seriously. We have to go further.

What we propose, by increasing from 5 to 27 the number of offences that would be exempt from a criminal record after summary conviction, responds to a very serious need in the military to hear that society, outside the military, understands the incredibly tough job people expect of members of the military and the pressures they are under that can often lead to summary conviction trials. People also want to welcome them back into society without the burden that is the worst kind of send-off for their service to our country—namely, a criminal record.

A criminal record can make life after the military very difficult, to put it mildly. It can make getting a job, renting an apartment and travelling very difficult. Imagine having a criminal record and trying to travel to the United States these days. A lot of Canadians would be shocked to learn, frankly, that people who bravely serve our country can get a criminal record from a system that lacks the due process usually required in civilian criminal courts.

I have spoken to my colleague from Repentigny, who has had some experience in the military. He spoke in the House, not by way of a speech but by way of several interventions, and I want to put the interventions on record as part of my speech so they can be integrated into a broader theme.

First, the member for Repentigny stated:

My experience has shown me that soldiers are subjected to conditions that are extremely different from what is experienced in the civilian world.

People are encouraged to join the Canadian Forces in order to gain experience and come out with some incredible tools. I made mistakes, minor ones. It happens to everyone. For example, you go before a superior officer and get charged, fined, patted on the back and told not to do it again. That is part of life's lessons. We are talking about young people who enlist at the age of 18, 19 or 20 and who need guidance. I do not think that providing guidance for minor offences involves encouraging young people to join the Canadian Forces, exposing them to extreme conditions and handing them a criminal record on their way out. That does not work.

In another intervention, my colleague from Repentigny had the following to say:

For the last 10, 15 or 20 years, professionals, members of the military and experts have been requesting changes that should be made.

These amendments were brought forward and agreed to during the previous Parliament. Everyone agreed. Now the Conservatives are proposing half measures by saying that they are going to send the bill to committee for review, but they are not giving any guarantees.

I presume he means any guarantees that they actually will modify in light of common sense.

Finally, the member for Repentigny said something that I think is indeed disturbing, if what he says is true, and I believe it to be true. I spoke to him yesterday to confirm that Hansard is correct. He stated:

Mr. Speaker, being an ex-member myself, I have seen trials that colleagues and friends have gone through and the impact they can have to ruin careers and leave people looking at the military in a certain way but not necessarily understanding the system. I have seen summary trials put onto military personnel in such a way that they were used as a training tool. I think there is a serious problem with this.

That is the understatement of the century.

[Jean-François Larose, NDP, Repentigny, QC]

Mr. Speaker, I thank my hon. colleague for his speech. He is himself a lawyer, and we are very impressed by the depth of his knowledge.

I wonder if he has any comments to make about the amendments proposed in March 2011 in the context of Bill C-41, which was similar to this one. We want to increase the number of minor offences from five to 27. As a former member of the military myself, I am curious to know why it was decided that only five minor offences are important, and not 27, considering the impact the army can have on us.

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

Mr. Speaker, as I start this speech, I am reminded of several historical situations where military commissions failed a society. I go back to the assassination of Abraham Lincoln in the United States and the Mary Surratt case. She had run a boarding house where the conspirators had met but had nothing to do with the conspiracy. She was put before a military commission and she was not allowed to speak, and neither were her lawyers, and ultimately she and some others were hanged. That led to a change in the U.S. at that time, which gave every citizen habeas corpus rights, the right to face an accuser to get the evidence against them.

Those who have been here for a couple of terms will know that I spoke out on behalf of Omar Khadr many times in this place, the reason being that the military commission in Guantanamo had been moved off-site to avoid the changes that had been brought in by the Mary Surratt case. From our perspective in Canada, that was seen as an abuse by some, and not so much by others.

In that light we look at our military justice and how it is applied in Canada. I in fact served in the Canadian Forces in 1963 and 1964, which seems like a hundred years ago now, but I was proud to do so. Fortunately for me, I was not in any severe difficulty but I noted at the time the difference between the administration, rules and regulations within the military compared to what civilians had to live with.

Here I would point out that his bill has been before us previously as Bill C-41. It went to committee and the New Democrats worked with the government of the day to try to improve that legislation. The bill did not return to the House and we wound up with an election, so we are back here with this bill for what is probably the third time at least. The good work done in committee the last time was not taken into account in this bill, because it does not include them.

The Minister of National Defence introduced Bill C-15. While it is called “An Act to amend the National Defence Act and to make consequential amendments to other Acts”, the government refers to it as “strengthening military justice”. To my mind, strengthening military justice is about finding a way to balance the rights of military personnel in a similar fashion to what is done in civil society. Just prior to the time I went into the army in 1963, the non-commissioned officers could actually strike a person in the military. That changed just before I went in. There was a little trick they then used to get one's attention. They would stand us at attention and tighten our ties to the point of cutting off our breath. Of course, they were not striking the men any more but succeeded in getting their attention. While that may sound off-topic in this discussion, what we are looking at here is a justice system within the military that in many ways is a throwback to earlier times. That is something that should be addressed, and this bill goes part of the way in doing that.

While the New Democrats have stated that we will be opposing the bill, we are willing to work with the government when it gets to committee, presuming that the government takes it there, to do the best we can to improve it again because we argue that it falls short in key areas.

Our previous amendments included giving the Chief of Defence Staff authority in the grievance process to respond directly to Justice Lamer's recommendations. We felt that it was within the purview of the Chief of Defence Staff to have the authority. We also felt there should be changes in the composition of the grievance committee to include 60% civilian representation. In a democracy, this Parliament is supreme, but the civilian authorities also have to be supreme over the military.

The Canadian military has a great history of serving this Parliament, our country and Canadians. However, when it comes to the administration of justice and these tribunals, there should be a balance between military authority and civilian oversight. Including 60% civilian membership adds a level of accountability, as originally foreseen in Bill C-41. For 10 years we have regularly heard from the government regarding its interest in accountability. Therefore, I am a little surprised that civilian membership was not included as part of the bill's provisions. Hopefully, we will be able to reason our way into that situation at committee and be allowed to add that amendment.

The provision that ensures that a person convicted of an offence during a summary trial is not unfairly subject to a criminal record is an important one because of the difference in accountability between a civilian court and a commission. The fact that some offences leave one with a criminal record in a military proceeding but not a civilian proceeding is blatantly unfair to the people who serve our country. A person in the military who has perhaps made a mistake would pay for that for the rest of their life, whereas if they had done so as a civilian they would not carry that burden.

Regarding reform of the summary trial system, the amendments in Bill C-15 do not adequately address the unfairness of summary trials. Currently, a conviction of a service offence in a summary trial in the Canadian Forces can result in a criminal record. The accused are held without the ability to consult counsel. That is why I made the linkage to the Surratt case and Guantanamo Bay as over-the-top situations. Those who do not know the military or have a military background would be quite surprised to know that in a summary trial in Canada the accused cannot consult counsel. We think that is fundamentally wrong. Also, there is no appeal process, nor are there transcripts of the trials. As well, the judge could well be the accused's commanding officer. Most people would see the obvious conflict in the fact that the officer was the very person who allowed the commission to proceed. We are very troubled by that.

At committee stage last March, when Bill C-41 was before us, the NDP amendments to expand the list of minor offences were carried. Again, that goes back to our making sure that our good service people do not receive criminal records for “genuinely” minor offences. We are not proposing that people get away with what they should not be doing, but the list of punishments that might be imposed by a tribunal without an offender incurring a criminal record could include a reprimand, a severe reprimand, a fine equal to or up to one month's basic pay, or some other form of minor punishment. The point is that it should not result in a criminal record. Obviously, if the offence were not worthy of time served, it should not be worthy of a criminal offence.

I want to go back to the question of civilian oversight and the need for 60% of the commissions reviewing these cases to be made up of civilian authorities. That balance is important; it would add to the credibility of the system. Over the last 50 years our military service has improved in many ways in this particular area of the justice system. This is an opportunity to move it further forward.

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, first, we oppose passing this bill at second reading.

On October 7, 2011, the Minister of National Defence introduced Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

Bill C-15 is a response to two reports. The first was issued by the former Chief Justice of the Supreme Court of Canada, the Right Honourable Antonio Lamer, and the second was released by the Standing Senate Committee on Legal and Constitutional Affairs.

Our caucus believes that the bill does not meet its objective of standardizing the military and civilian justice systems. The bill also does not answer the key questions about reforming the summary trial and grievance systems. In 2003, the former Chief Justice of the Supreme Court of Canada tabled his report on the independent review of the National Defence Act. The Lamer report contained 88 recommendations, but only 28 of them were incorporated into the legislation.

In 2010, Bill C-41 was introduced to respond to the 2003 Lamer report and the 2009 report of the Standing Senate Committee on Legal and Constitutional Affairs. Essentially, Bill C-15 is similar to the version of Bill C-41 that came out of the Senate committee during the last Parliament.

Many significant reforms are proposed in this bill. The NDP caucus has been in favour of making the necessary updates to the military justice system for a long time now. Members of the Canadian Forces are subject to extremely high standards of discipline and deserve a justice system held to comparable standards.

This bill has a number of flaws, which we hope will be addressed in committee if Bill C-15 is passed at second reading. It is thus very important to remember that, in the reform of the summary trial system, the amendments to Bill C-15 do not adequately address the unfairness of summary trials. Currently, a conviction at a summary trial in the Canadian Forces results in a criminal record. Summary trials are held without the ability of the accused to consult counsel. There is no right of appeal and no transcript of the trial.

Furthermore, the “judge” is often the accused's commanding officer. We believe that this is much too harsh for some members of the Canadian Forces who are convicted of minor offences. These minor offences include insubordination, quarrels, misconduct, absence without leave, drunkenness and disobedience of a lawful command. These offences can undoubtedly be very significant when it comes to military discipline, but they do not necessarily call for a criminal record.

I would remind the House that in committee in March 2011, the NDP proposed amendments to increase from five to 27 the number of offences that could be considered minor.

It is important to understand that a criminal record can make life after a military career very difficult. Being saddled with a criminal record can make getting a job, renting a place to live and international travel a real nightmare.

Second, there is also the question of reforming the grievance system with an external review committee. At this time, the Canadian Forces Grievance Board does not allow for external review. The NDP amendment proposes that at least 60% of the grievance committee members never have been officers or members of the Canadian Forces.

Although the amendment was adopted in March 2011, for Bill C-41, it was not incorporated into Bill C-15. It is important that the amendment be included again.

Finally, I would like to talk about strengthening the Military Police Complaints Commission. Bill C-15 amends the National Defence Act to establish a timeline in which the Canadian Forces Provost Marshal will be required to resolve complaints and protect complainants from being penalized for submitting a complaint in good faith.

The NDP believes that we must do more to strengthen the commission. Giving the Military Police Complaints Commission more powers in order for it to serve as an oversight body has been very misunderstood. There should be a legislative provision to give the commission more powers so that it can be authorized to investigate and report to Parliament. Our amendments are supported by the British Columbia Civil Liberties Association and retired Canadian Forces Colonel Michel W. Drapeau, an expert on military law, among others.

The summary trial is by far the most commonly used form of tribunal in the military justice system. It is designed to deal with minor service offences. The objective is to deal quickly with alleged offences within the unit in order to return the member to active service as soon as possible, thereby promoting and maintaining discipline within the unit. Courts martial deal with more serious charges handled by the system and can also deal with less serious charges, depending on the decision of the accused.

This is the definition and the objective of the grievance process:

Grievances involve matters such as benefits, personnel evaluation reports, postings, release from the Canadian Forces, medical issues and harassment—all matters affecting the rights, privileges and other interests of CF members.

Unlike in other organizations, plaintiffs do not have unions or employee associations to pursue their grievances. It is vital for the morale of Canadian Forces members to deal with their grievances in a fair, transparent and prompt manner.

Finally, we want to send a message to members of the Canadian Forces. Our caucus believes that members of the Canadian Forces have to comply with extremely high standards of discipline and that, in return, they deserve a justice system subject to comparable standards.

[David Christopherson, NDP, Hamilton Centre, ON]

Mr. Speaker, I do appreciate the opportunity to join in the debate. It works out good that my colleague spoke before me.

The first thing I want to do is read back into the record comments that were made on November 4, 2011, by the Parliamentary Secretary to the Minister of National Defence with reference to this legislation in its earlier version. He said:

As I begin my remarks, I would like to congratulate those of our colleagues, the hon. member for St. John's East, the hon. member for Scarborough—Guildwood, and the hon. member for Hamilton Centre, who worked very hard with members on our side to develop a common approach.

I thought that was a decent thing to do, early on to offer up. However, I would point out that he said that in a minority government. Whether the government was so inclined as to be friendly and wanted to work together and show a lot of camaraderie, it was really forced into it. When we get into a majority, we start to see the government's real view of the opposition. Let us just say that is less than encouraging in terms of wanting to “develop a common approach”.

I raise that because there has been a lot of discussion on all sides around process and a lot of questions about the way we view the process and why it is somewhat different than the way we voted previously.

What is really important is that the earlier version of this legislation was in a minority government. In a minority situation, there can be all kinds of preachers within Parliament. There can be coalitions, accords, day-by-day, which was the system that we lived under in a Liberal minority government and, ultimately, the Conservatives until the last election. We would have liked to have seen it more often but at times there was an element of working together, particularly on matters that were important, that had legal timeframes and that had legal implications, and this legislation was one of those. The military needed these improvements and, as we do every day, we wanted to put pressure on the government and hold its feet to the fire. At the same time, there are certain issues where we set that aside and work together because it is in the best interests of Canadians. When we are in a minority Parliament, the only way that can happen is when somebody works with the government to create enough votes to pass a law. That was one of those times.

I was given some acknowledgement because I was defence critic at the time and the reference was when we were trying to get the bill through the House at that time. The work at committee was done by my colleague from St. John's East who was the defence critic before me and continued as critic afterward when our new leader was sworn into office and created his shadow cabinet.

At that time, we had a bill that everybody had worked hard on. They put a lot of time and effort into getting a bill that they could agree on because it was important to the military. We did that job collectively. The remarks that the parliamentary secretary made at the time were in reference to the work that I was doing with him and his House leader, his minister and my party leader, our interim leader at the time, as we tried to find a way to get that bill in front of the House and get it passed because the work had been done and we had agreement.

I point that out because it is critically important to understand the context of the previous bill if we are going to understand at least the politics around the current bill.

We had this whole process. Compromises were made. Compromise is not a dirty word. That is how things get done. Everybody found language they could live with and, as far as I know, it was unanimous. There certainly was a majority, meaning our caucus and the government. There may have been others but I do not see any nod from the Liberals, but that is not relevant to this point. The point is that the bill would have been law had we been able to get it in front of the House. I do not want to point fingers. I do not know who to blame for that. There is lots of blame to go around. Everybody can have a bit. However, what matters is that it did not happen.

The government now has its majority Parliament and when we came back here, the bill came back. We had reasons. Any reasonable minded person would have reason to believe that the bill that would come back would be the bill that we agreed upon. That makes the most sense. That way it would have ensured a quicker passage through the House. We would not be standing here right now. It would already be law.

We were not about to change our minds or our position. We had made the compromises. We had put together a bill that we could live with and we were prepared to stand behind it, and dare I say, we would have been prepared to stand behind that bill in this Parliament had it been brought back in whole, but it was not.

I do not care whether it is one clause, one amendment, two amendments or a thousand amendments. When we are dealing with legislation such as this, one clause, if it creates an injustice or leaves an injustice in place, is not acceptable. It is not a question of how many amendments the government did not put in here. It is the point that it did not bring back the same bill that everyone had agreed on was in the best interests of this Parliament, and more important, of the military, and most important, of the personnel within our military.

That would have been the process that a reasonable person would have expected. It would have been one that I assure the government we would have responded to, because what ground would we have had to stand on? If we were standing here at second reading and for some stupid reason we were opposing it, the government would ask us what the deal was, and say that we agreed to it before so why were we not in agreement now.

We were not going to do that but now we, the official opposition, are in a position where the shoe is on the other foot. The government brought back a bill that is not the bill that was agreed upon. We will agree that this is a step forward. In this context I say to a number of members who have raised procedural questions about why we are not supporting it at second reading, even though we say it is a step forward, this is not a regular bill and it is not a regular situation. That is why.

I cannot imagine why we would support a bill that is not the bill we supported before and does not have the things in it that we thought were important and made other compromises and changes in the whole process. Why on earth would we now say that it is a great bill, no problem, let us whiz it through, when some of the things we fought for to make sure there was justice in there are no longer there. Why on earth would we support that bill?

Now we are left with the situation we are in right now, which is the making of the government. Government members own this situation. Had they brought the bill in that had been agreed upon before, the bill would already be law.

However, for reasons we do not yet know, government members went into that with the majority mindset that they do not have to listen to anyone anymore, they do not have to do anything, they have all the power, they have the stable majority and they can do anything they want. They could ram it through here. Hell, they control the Senate. They could ram it through there too. That is the mentality we are left with on the bill.

We are so far away from the climate of co-operation that existed in the creation of the previous bill, Bill C-41, that we have no choice but to make our principled stand.

Thank you, Mr. Speaker, for giving me the one-minute notice. I managed to get through two of my seven points.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I am pleased to rise in the House to take part in the debate on Bill C-15, Strengthening Military Justice in the Defence of Canada Act.

This bill is closely related to a report produced in 2003 by the former Chief Justice of the Supreme Court of Canada, the Right Honourable Antonio Lamer. It may seem striking for us to be debating a bill relating to a report released in 2003, but the reason will be understood when I have put everything in context.

First, Bill C-15 has appeared in several forms, as my colleagues have noted as well, including Bill C-7 and Bill C-45, but they both died on the order paper. Far be it from me to accuse any party of not being concerned about this issue. Several attempts have taken shape and a lot of work has been done by all parties to change the military justice system as we know it at present. Was the work done seriously, in good faith and collaboratively at all times? I cannot say.

I do not want to accuse anyone, I do not want to say that this issue has never been important, and I do not want to seem as if I am asking why we are beginning the debate on Bill C-15 today. That is not actually the case, since several attempts have been made in the past.

Second, in the last Parliament, Bill C-41 was introduced in response to Justice Lamer’s report, as I said earlier. That bill unfortunately died on the order paper also. It contained provisions relating to the military justice system, such as sentencing reform, military judges and committees, summary trials, the court martial panel, the Canadian Forces Provost Marshal, and certain provisions relating to the Military Police Complaints Commission. All of those subjects were addressed in Bill C-41.

In essence, Bill C-15 is similar to the version of Bill C-41 that was introduced in the last Parliament. I would point out that a number of amendments were proposed during debate on Bill C-41. Those amendments were the product of serious consideration, testimony and the work done by members and experts. Unfortunately, those amendments were not taken into consideration in Bill C-15. Why?

The reasons are still not clear to me. Why were these amendments not included in Bill C-15? Including them would have demonstrated that the government had genuinely considered them and that it was ready to work as part of a team to create a bill that met everyone's expectations and requirements. Unfortunately, that is not what happened.

That makes the opposition seriously doubt the government's willingness to accept any new amendments to Bill C-15. Amendments were clearly put forward by all parties during the last Parliament. If they were not taken into consideration while Bill C-15 was being drafted, it is not because the government members were unaware of what the opposition wanted to include. This raises serious doubt about the government's goodwill and its readiness to consider the amendments that could be proposed at second reading, when the bill is sent to committee.

Having said that, I would like to continue by listing the elements that worry us the most in Bill C-15. They are the authority of the Chief of Defence Staff in the grievance process, changes to the composition of the grievance committee, and a provision to ensure that a person who is convicted of an offence during a summary trial is not unfairly subjected to a criminal record. Those are the three points that worry the opposition.

I will explain the NDP's suggestions for dealing seriously with these three elements, which unfortunately have not been addressed seriously enough or thoroughly enough in Bill C-15.

Yes, the NDP agrees that the military justice process needs serious examination. Does that mean that the NDP will support Bill C-15? What an excellent question. But no, that is not what it means.

I would like to make some additional remarks about parliamentary procedure and operations. We often hear Conservative members and ministers say that the NDP has voted against families. We often hear the Conservatives say that the NDP has voted against investment, against trade agreements or against justice, but that is completely ridiculous. Everyone realizes that. Why do we hear them say things like that? There are several reasons. And we shall see that there is a close connection to Bill C-15.

It is not true that this is just about whether the NDP is for or against exports or trade agreements with certain countries. That is not the issue. The issue is much more complex. We can vote against a bill on a specific subject without being opposed to that subject. We may simply be opposed to the approach because we think it is not the best way to address a problem or to resolve a situation. These are reasons why a party may vote against a bill without necessarily voting against the subject matter addressed in that bill. I will not discuss this point any further because it is obvious; anyone can understand it. The ministers and members who advance these arguments have to know that. They are consciously grandstanding to deceive the public. I believe it is very important to take this opportunity to set the record straight.

So is the NDP opposed to military justice? No, Mr. Speaker. The NDP simply believes that Bill C-15 does not address the issue correctly and that, if it is going to be done, we could do it much better. That is why the NDP will not support Bill C-15 at second reading.

Exactly what is the NDP's proposal for a better solution?

First, we must take a different approach to reforming the summary trial system. Why? Because we believe Bill C-15 does not adequately address the injustice of summary trials. For example, in some instances, summary trials may result in a criminal record. Summary trials are held without the accused having the opportunity to consult counsel. In summary trials, the judge may also be the accused's commanding officer, and that can cause problems. This has to be addressed, but Bill C-15 does not do it. It is too severe in the case of minor offences such as insubordination, quarrels, drunkenness and disobeying an order. That is the first aspect.

The second aspect is reforming the grievance system. The Canadian Forces Grievance Board must be perceived as an independent external civilian body. However, people who have retired from the forces may currently sit on the board. The NDP's amendment suggests that at least 60% of grievance board members must never have been a Canadian Forces officer or member. Is the Conservative Party opposed to this amendment? We do not know. However, we do know that it has not included it in Bill C-15, but we do not know why, and that is troubling.

Lastly, there is the strengthening of the Military Police Complaints Commission. Yes, Bill C-15 addresses this matter, but only with respect to the time required to resolve complaints. In the NDP's view, we should do more to strengthen the commission, but this is not addressed.

I could go on and on, but unfortunately I do not have a lot of time. However, I want to say that the NDP has long supported a necessary updating of the military justice system. That is clear. But Bill C-15 is not the way to do it. As I explained earlier, the opposition has serious reasons to doubt that the government intends to work with the opposition to rectify that. This has not been done previously, and we do not believe the committee work on this bill will be done seriously.

Why not? Because the government insists on meeting in camera, limiting debate and controlling witnesses in committee. I could continue, because the list is long. We have reason to doubt the government's desire to work as a team with the opposition.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, as I mentioned in my speech, the idea of the bill is a good one. However, experience has shown over the last year that worthwhile amendments that were in Bill C-41 were not included in this bill.

As someone who does not sit on the defence committee, I look at this from my point of view, my experience and I ask myself what is going on. How serious is the government? How serious would it be look at those amendments if experience has shown the government has rejected them time after time in other committees?

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, I am pleased to be able to speak today and say a few words on Bill C-15.

As a former member of the Canadian armed forces, or the Royal Canadian Navy, my experience taught me, in the time I did spend, a lot of appreciation for the professionalism of our armed forces. I had the pleasure to serve at Canadian Forces Base Portage la Prairie. I had the thrill of going up in a Tutor jet, which my colleague understands very well. I went up only once. In the Royal Canadian Navy, I remember the professionalism when, many years ago, we were doing anti-submarine exercises. We always came out on top when it came to exercises with the U.S. Navy.

Many years after that, I went to Vladivostok in Russia as an interpreter with the Canadian Navy, the first western fleet to sail into Russia when it finally opened up the city. It was quite an experience. I saw the respect that the officers and men of the Russian navy had for the high degree of knowledge and skills of our armed forces.

I mention this because when I have a chance I speak on anything that touches on the military, in spite of the fact that at times some of us do not agree with the direction the military is going. Once people have been part of this family, as I call it, they want to make sure the current members receive the very best, whether or not we are talking about equipment, whether they agree with the mission or not, and certainly when the members come back as veterans.

We have seen some problems with people suffering from post-traumatic stress syndrome. We have seen problems with veterans' funerals. I just want to emphasize that we need to do the very best for them, and that also includes the justice system.

That brings me in a roundabout way to talking about this bill. The NDP believes that Bill C-15 is a step in the right direction to bringing the military justice system more in line with the civilian justice system.

However, it falls short on key issues when it comes to reforming the summary trial system, reforming the grievance system and strengthening the military complaints commission. I might add that amendments to that effect were brought into the last Parliament. For some reason they were not included in this particular bill.

In 2010, Bill C-41 was introduced in response to the 2003 Lamer report and the 2009 Senate committee report. It included the military justice provisions relating to sentencing reform, military judges and committees, summary trials, the court martial panel and the Canadian Forces Provost Marshal and certain provisions concerning the Military Police Complaints Commission.

In essence, Bill C-15 is similar to the version of Bill C-41 that came out of the Senate committee during the last Parliament. The amendments carried over include those respecting the composition of the court martial panel and security of tenure for military judges until their retirement.

However, I would say that other important amendments adopted at the committee stage at the end of the last parliamentary session were not included in Bill C-15. That includes the NDP's amendments concerning the authority of the Chief of Defence Staff in the grievance process, changes in the composition of the grievance board so that 60% of members are civilians and the provision that a person convicted of an offence at a summary trial should not be unfairly subjected to a criminal record.

Many important reforms are proposed in this bill. The NDP has long supported a necessary updating of the military justice system. The members of the Canadian Forces are held to extremely high standards of discipline and deserve a judicial system that is held to comparable standards.

However, as previously mentioned, the NDP will oppose the bill at second reading. This bill contains a number of deficiencies that we hope will be addressed in committee if the bill is passed at second reading.

As we have previously discussed here, and from what I have personally seen in other committees, the fact that a bill winds up in committee does not mean the Conservatives will adopt amendments. What then are the amendments that we would have liked to include in the bill before it was studied here in the House?

We say that the amendments in Bill C-15 do not adequately address the unfairness of summary trials. Currently, a conviction at a summary trial in the Canadian Forces results in a criminal record. Summary trials are held without the ability of the accused to consult counsel. There is no appeal and no transcript of the trial.

Bill C-15 would an exemption for a select number of offences. They carry a minor punishment, which is defined in the act, or a fine less than $500 to no longer result in a criminal record. This is one of the positive aspects of the bill, but it does not go far enough.

At committee stage in March of the previous year, NDP amendments to Bill C-41 were carried to expand this list of offences that could be considered minor and not worthy of a criminal record if the offence in question received a minor punishment. The amendment also extended the list of punishments that might be imposed by a tribunal without an offender incurring a criminal record, such as a severe reprimand, a reprimand, a fine equal up to one month basic pay or another minor punishment. This was a major step forward for summary trials. However, this amendment was not, for some reason, retained in Bill C-15, and we would like to see it included.

As far as serious offences and criminal records are concerned, the number is probably minor. However, a criminal record can make life after the military very difficult. Criminal records can make getting a job, renting an apartment or travelling very difficult. A lot of Canadians would be shocked to learn that the people who bravely serve our country can get a criminal record from a system that lacks the due process usually required in civilian criminal courts.

What we are asking is that people who serve our country in the military have the same access to a fair judicial system as people in civilian life have and that if they have certain reprimands, they do not result in a criminal record for the rest of their life.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I am extremely pleased to rise, as my colleagues in the official opposition have done, to take part in the debate on Bill C-15.

Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, makes changes to the National Defence Act, in order to strengthen the military justice system. It provides for greater latitude in sentencing and in introducing new sentences, such as absolute discharge. It also sets out changes relating to intermittent sentences and restitution. It makes changes to the membership of the court martial panel according to the rank of the accused person, and to the summary trial limitation period, as well as making it possible to waive the one-year period at the request of the accused. It also sets out the responsibilities of the Canadian Forces provost marshal and the power of the Chief of Defence Staff as the final authority in the grievance resolution process.

The NDP believes these changes are a step in the right direction toward standardizing the military and civilian justice systems. In this regard, I would like to thank my colleague from Rimouski-Neigette—Témiscouata—Les Basques for his speech on this bill earlier in this House. He gave a very clear explanation of why standardization is necessary. He also provided some background for the bill which, we remember, results from the recommendations made by the Right Honourable Antonio Lamer, in his report—the “Lamer Report—on the independent review of the National Defence Act that was tabled in 2003, and the recommendations in another report, one by the Standing Senate Committee on Legal and Constitutional Affairs in 2009.

Essentially, Bill C-15 incorporates the provisions of Bill C-41 that was introduced in the last Parliament. However, not a single one of the NDP amendments that were adopted at committee stage late in the last parliamentary session is included in the bill before us today. There were three such amendments and they dealt with: the power of the Chief of Defence Staff in the grievance process set out in clause 6 as amended in Bill C-41, a measure deriving from one of the recommendations in the Lamer Report; changes to the membership of the grievance committee to ensure it is made up of at least 60% of civilians, as provided in clause 11 as amended in Bill C-41; and the provision ensuring that a person convicted of a service offence during a summary trial should not receive an unfair criminal record, as provided in clause 75 as amended in Bill C-41.

The NDP has called for amendments to be made to the military justice system for a long time now, but it is clear on reading this bill that this version is not satisfactory. It is for this reason that we will be voting against Bill C-15 at second reading. If the wording is passed at this stage, we hope that the debate in committee will allow for an in-depth analysis of the text and improvements to its content.

This bill has three major flaws: the reform of the existing summary process, the reform of the grievance system and the strengthening of the Military Police Complaints Commission.

I will discuss each of these points. First, the reform of the summary process system is unfair and too harsh towards the men and women of the Canadian Forces. If these individuals commit minor offences, they end up with a criminal record, which could be detrimental in a future civilian life.

I want to share an excerpt of a 2011 report by the British Columbia Civil Liberties Association regarding Bill C-41:

Presiding officers in summary trials may have a different focus. They are military officers, not judges, and their primary concern is likely to be unit discipline and deterring future violations, not the effect the sentence they impose will have on an accused in the civilian world.

We think that disciplinary action without a criminal record is more than enough in cases of insubordination, absence without leave or disobeying an order. One of the NDP's amendments proposed including in the list of minor offences all those that would not be placed on a criminal record. We want this proposal to be taken into consideration by the Standing Committee on National Defence.

As far as the reform of the grievance system is concerned, the NDP has already been critical of the composition of the grievance committees. One of the three amendments stated that civilians should make up at least 60% of the committee members, to ensure that there is an external review of grievances. This amendment was adopted and we hope it will be again during the study in committee.

The third amendment proposed by the NDP, as part of the study of Bill C-41, had to do with the authority of the Chief of Defence Staff regarding financial aspects of grievances. This amendment responded to one of the Lamer report recommendations. I should point out that the Minister of National Defence agreed with this one. He acknowledged that the Chief of Defence Staff needed to have the authority to resolve the financial aspects of grievances.

Over the last eight years, however, the Department of National Defence has done nothing concrete to implement the recommendations made by the former Chief Justice of the Supreme Court of Canada. As well, the present bill does not include that amendment, and the NDP would like the government to reconsider its position.

As a final point, regarding the strengthening of the Military Police Complaints Commission, we believe that Bill C-15 does not go far enough, and that there should be another bill, separate from the one being debated in the House today, to address this important issue. As well, many Canadians might reasonably wonder why there is unequal treatment between the procedure that applies in the criminal courts and the procedure that applies to the people who bravely serve our country.

In conclusion, the NDP urges the government to adopt its amendments as presented and adopted during consideration of Bill C-41. We firmly believe that the women and men in the Canadian Forces are entitled to a military justice system that is consistent with the stringently improved and circumscribed criteria and procedure.

We are opposed to minor offences resulting in a criminal record, as this can complicate everyday life for the person in question, in civilian life. We will do everything we can to make the Canadian military justice system fairer for the women and men in uniform who risk their lives in the service of Canada.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, once again I listened with interest to the disinformation that my hon. colleague included in his remarks. The Minister of National Defence has indicated that he will bring the criminal record issue back to committee, so the member should calm down.

One of the other things he said was that the make-up of the grievance committee was not supported by the government in the committee. I was there and it was not supported, as were a bunch of others not supported. For the member to suggest that all of these things that had been previously supported by the government and are now is simply false. Bill C-41 died on the order paper because of the opposition calling an unnecessary election.

My colleague mentioned that only 29 recommendations have been implemented. Eighty-one of those recommendations were accepted, 29 were implemented and another 36 are in fact contained in Bill C-15. If he and his party want to make progress, because it was said earlier this is a step in the right direction, we should just get on with it and get it to committee where amendments that need to be made can be debated. Let us just get on with it, please.