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

[Derek Lee, Liberal, Scarborough—Rouge River, ON]

Mr. Speaker, I try to be a contributor to the House. If everything I said did not fall perfectly within whatever everyone wanted to hear, it is not because I did not try.

My participation today, as I said, was partly related to my experience with the Judge Advocate General just a few years ago, and recognizing that the men and women of the Canadian Forces are entitled to a military justice system that is just as good as or better than the one we use for civilians.

[The Deputy Speaker, Andrew Scheer]

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from November 26 consideration of the motion that Bill C-41, An Act to amend the National Defence Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I will begin by seeking unanimous consent to split my time with the hon. member for Markham—Unionville.

[The Acting Speaker, Barry Devolin]

Does the hon. member have the unanimous consent to split his time?

[Some hon. members]

Agreed.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, they are the fans of my colleague, the member for Markham—Unionville. I get the impression they are more anxious to hear from him than from me. That is understandable, I suppose. He is an excellent member.

I am pleased to rise in debate today on Bill C-41.

We will vote in favour of this bill at second reading. Military justice must absolutely be updated. However, there are some clauses of the bill that, at first glance, are cause for concern. We would like to take the time to study the bill properly in committee.

In 1998, the Liberal government at the time passed Bill C-25. The purpose of that bill was to update the military justice system, and it included a clause that required the operation of the bill to be reviewed after five years.

The former chief justice of the Supreme Court, the Right Hon. Antonio Lamer, drafted a report containing 88 recommendations, which are the reason why we are debating this bill today.

Unfortunately, since the Conservatives have been in government, there has been little action to address Judge Lamer's recommendations.

In April 2006, the Conservatives introduced Bill C-7 to amend the National Defence Act. However, it was never brought to the House of Commons for debate. A year and a half later, the Prime Minister prorogued Parliament, which would, as we all know, become a recurring theme. The Prime Minister's actions in fact killed the bill. The Conservatives introduced it once and the Prime Minister killed the bill by proroguing Parliament.

It took the government approximately five months before reintroducing the bill as Bill C-45 on March 3 of that year. Once again, this bill was never brought forward for second reading debate, and a few months later the Prime Minister broke his own fixed election law, thereby killing the bill again.

It is difficult to believe that the Conservatives give any attention to military justice when we see them introduce bills with absolutely no intention of ever debating them. Therefore, I am pleased we are debating this today and hope we will see more of this bill, but that remains to be seen.

What this shows once again, unfortunately, is that we cannot trust the government, just as we cannot trust it when it comes to military procurement. We have seen what the Conservatives have been saying about the joint strike fighter project, the F-35s, the stealth fighters that they want to purchase. They have said for months in the House that a competition is not required because Canada was part of one back in 1999-2000.

[Jack Harris, NDP, St. John's East, NL]

As an observer.

[Geoff Regan, Liberal, Halifax West, NS]

In fact it was an observer, as my hon. colleague from Newfoundland says. That is what it was.

The assistant deputy minister at the time of those occurrences at the turn of the millennium was Alan Williams. He said the reason for joining the JSF program was not the urgency of replacing the F-18s but the potential industrial opportunities that would come from being part of that proposal. Before the government ever made its decision that it would purchase the F-35s, 144 contracts were already awarded, supporting what Mr. Williams was saying.

In relation to the minister's and Prime Minister's claims of there being a past competition, this is what Mr. Williams said:

On October 26, 2001 Edward Aldridge, Under Secretary of Defense—

This is, of course, in the United States:

—announced that Lockheed Martin was the successful candidate over Boeing.

He went on to say:

[W]e were all glued to our TVs at National Defence headquarters awaiting the announcement.

How is it exactly that this was a Canadian competition? How is it there was a competition that Canada was not part of and we had no decision-making role in it whatsoever, but that is good enough for the government?

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, on a point of order, this is all a very nice diatribe on revisionist history, as it may be, but I would like the member to stick to relevance. I would ask him what this has to do with military justice.

[The Acting Speaker, Barry Devolin]

The hon. member for Halifax West is debating Bill C-41 and I would ask him, as I would ask all hon. members in this place, to stick to the matters at hand.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, I certainly will, but in this case I am talking about military justice. I am talking about what is conduct unbecoming the government, as a matter of fact, and what justice ought to be. Let us talk about the truth because the Conservatives are afraid of the truth.

The fact is that we had to wait and see what the U.S. announced in relation to the F-35s, but apparently that is good enough for the government even though we were not actually part of that competition. Really, there is no excuse for not having one.

Even the Chief of the Air Staff in 2001, General André Deschamps, was quoted in Canadian Defence Review at the same time he was asked about the JSF. He was asked, “Where is the next generation fighter on your list of priorities?” He said, “The next generation fighter is very high on my list”.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, on the same point of order, I would ask you to ask my hon. colleague to stick to the debate that we are supposed to be having, which is on Bill C-41. It has nothing to do with the joint strike fighter or some imagined relevance of military justice, which is something that sticks in his craw.

If he is going to debate that, Mr. Speaker, you might want to ask him why the Liberal Party refuses to even go—

[The Acting Speaker, Barry Devolin]

I appreciate the assistance offered to the Chair by the parliamentary secretary.

I would remind all hon. members that it is the practice of the House that we speak about the matters before the House. I would also remind all hon. members that members are given significant latitude to make points that may be directly or at least partially related to the matters at hand.

The hon. member for Halifax West.

[Geoff Regan, Liberal, Halifax West, NS]

Mr. Speaker, you are right that members are given significant leeway. If we were all required to talk only about clauses in a bill that we are debating at any one time, a lot of the comments from both sides of the House would be cut short.

My hon. colleague seems to be upset. He should remember that I started off by saying that we are going to support this bill at second reading. We want it to go to committee to be studied. I am surprised he is so upset. I would think he would want me to finish what I have to say.

Let me finish by quoting what the Chief of the Air Staff said at the time:

The next generation fighter is very high on my list. We know government wants to get to that discussion soon, and we definitely need to get on with the process to get a new fighter. It sounds like a long time away, but as we know, it takes a lot to go through a contracting process and produce a new fighter.

He was clearly talking in future tense. Here was a case at the same time. For the member to say that there was a competition back then that Canada was part of is conduct unbecoming. I do not know if it falls under the military justice procedure, but it certainly ought to.

In June 2008, the Senate passed Bill C-60 in response to a ruling by the Court Martial Appeal Court of Canada in the Trépanier case. The bill addressed some of Justice Lamer's recommendations.

In 2009, the Standing Senate Committee on Legal and Constitutional Affairs released a report entitled Equal Justice: Reforming Canada’s System of Courts Martial. This report made nine recommendations.

Therefore, we can consider Bill C-41 to be more or less a combination of the Senate's report and Bill C-45, except for the recommendations already addressed by Parliament with Bill C-60.

My colleague from Markham—Unionville will have other comments on this matter, and I look forward to hearing what he has to say. For the time being, I await questions and comments.