Bill C-15 (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

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

Mr. Speaker, in some cases, that can in fact result in conflict of interest.

Reserve regiments routinely have three or four members from the same family. For instance, in Sherbrooke, a sister and her two brothers were all in the same regiment.

At some point, one of them could be a commanding officer and might have to sit in judgment. Usually, in a situation that is so clearly a conflict of interest, the commanding officer must transfer his authority to his deputy commander.

There may well be conflicts of interest, but it is up to the commanding officer to show maturity, to recognize the conflict, and to delegate authority to the deputy commander, as he is in a position to do so.

Of course, if a criminal record is on the line, it is particularly problematic. If there is no possibility of a criminal record and since the commanding officer can delegate authority to the deputy commander, it is possible to handle the situation within the military system in a way that our military can find satisfactory.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to thank the hon. member for her well-informed speech on the bill.

However, the third party kept raising a question to a number of her colleagues about provisions of the Criminal Code. Of course, I am sure she is quite aware that the bill would introduce a new provision, proposed section 249.27. The thing that is remarkable about this new provision, which the NDP proposed, is that it would have a retroactive effect in that there would be benefits for those who had been previously convicted, as some offences would no longer be a criminal offences.

I wonder if the member could speak to the fact that some of the recommended changes go as far back as the recommendations made in 2003 by Chief Justice Antonio Lamer, yet previous Liberal governments did not see fit to bring forward any of those recommendations and act on them.

Is it not important that by supporting these amendments today, we are trying to finally force the expediting of amendments so that we can move forward with additional ones sooner?

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

Mr. Speaker, I was not an MP in 2003, but I know enough about politics to remember that the Liberal government still had a majority.

I find it hard to understand why the Liberals did not try to improve the military justice system. Some recommendations were made a long time ago. I find it hard to understand why they chose not to propose changes at that time. I also find it difficult to understand why the Liberal Party did not propose a single amendment while the bill was being studied in committee and why, during certain votes, no Liberal Party members voted. I have a hard time understanding all of that.

To me, military justice is an essential issue. They should have at least tried to take some sort of action, but they did not. The Liberals have not introduced a bill either, but it likely would not have had time to get through all the stages in the House before this Parliament is dissolved.

They did not make an effort in 2004 or in 2006. It is beyond comprehension.

I was not here at that time. I find it hard to understand, but the fact that Canada was actively involved in Afghanistan makes me think that it would have been a good time to pose this important question.

[Chris Alexander, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I would like to thank the member for Abitibi—Témiscamingue, who has worked so hard on this bill. However, I have a simple question.

Now that there have been 120 speeches in the House, dozens of speeches in committee, eight days of debate in committee and 12 days in the House and two important stages of debate in the House and now that our Canadian Armed Forces have waited 10 years, is it not time to sit and vote to ensure that this bill moves on to the other place and becomes law?

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

Mr. Speaker, I am sure that if the Minister of National Defence had introduced Bill C-15 with the amendments from Bill C-41, we could have perhaps avoided a few hours of debate. However, I do think it is important for this bill to pass. That is why we have decided to support it. We will see what happens, but I think that we should be prepared to vote quickly so it can pass.

I hope that the Parliamentary Secretary to the Minister of National Defence understands there are still some flaws and I hope that he will continue to work on the issue of military justice along with the Minister of National Defence, so they can introduce other bills in order to enhance and improve the military justice system.

[The Deputy Speaker]

Is the House ready for the question?

[Some hon. members]

Question.

[The Deputy Speaker]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker]

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

[Gordon O'Connor, Conservative, Carleton—Mississippi Mills, ON]

Mr. Speaker, I ask that you move the vote to tomorrow following government orders.