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

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I have listened to a lot of this debate today and, as both a former member of the Canadian Forces and as a lawyer, I have been concerned. In fact the member for Ottawa South made some comments in his remarks about the Attorney General that I think are really below what a lawyer should be saying when discussing policy or law with another lawyer. It is conduct or language that is really beneath him, and in the legal profession it is called “sharp practice”.

My question to the member relates to the fact that we heard in debate today that a lot of the concerns being raised today were not raised at committee. Specifically, the Liberal Party likes to quote the charter at length but does not seem to understand that the charter would provide for this law in a fulsome way. Certainly, section 1 of the charter would provide for some differences to the legal structure for military personnel who give the ultimate sacrifice.

I would like the member's comments on charter provisions specifically.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, I do not know what the member for Ottawa South said, but I will say that we brought up time and time again at committee the changes and the concerns we expressed today.

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

Mr. Speaker, during the debate in committee, the NDP made quite a few comments.

It was important to us to participate in the debate because we wanted to stand up for military personnel and we felt that the bill was flawed. Unfortunately, during the last four hours of debate in committee, the Liberal Party said not a word.

I know that my colleague is not a member of the Standing Committee on National Defence, but why did he not convey his thoughts to the Liberal member who is on the committee? The Liberal committee member could then have shared those thoughts with the committee. Why did the Liberals have nothing to contribute to four hours of debate? Worse still, for some of the votes, no Liberal member voted.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, what actually happened was a four-hour filibuster. There were 57 changes that were proposed, and no attention was paid to them whatsoever. To pretend in any way that there was a proper debate during this committee, over a period of four hours, is to not recognize the fact that it was one giant filibuster by the government.

[The Acting Speaker, Bruce Stanton]

Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, Bruce Stanton]

The question is on Motion No. 1. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Acting Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Bruce Stanton]

In my opinion the nays have it.

[Some hon. members]

On division.

[The Acting Speaker, Bruce Stanton]

I declare the motion defeated on division.

I therefore declare Motion No. 2 lost.