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

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

Mr. Speaker, I thank my honourable colleague, who made a heartfelt speech on Bill C-15.

He spoke of strengthening the Military Police Complaints Commission. That is a step in the right direction for the government.

It goes without saying the Canadian Forces provost marshal will resolve complaints and protect complainants from being penalized for having made a complaint in good faith, but what more could we do to increase the Military Police Complaints Commission's authority?

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, one measure we can take to strengthen the complaints commission process is to protect complainants from being penalized for submitting a complaint in good faith. This is known colloquially as whistleblower protection. It is something that the government and provincial governments across this country have been slow to embrace. It is the practice of making sure that people who see wrongdoing feel free to come forward and make those complaints, of course in good faith, so that they do not risk career retribution or other forms of punishment for doing so.

It is particularly difficult for people in government agencies and very tight-knit organizations such as police forces or the Canadian Forces to actually feel free to come forward and report wrongdoing when they see it, because there can be such serious ramifications to their own careers. This is particularly the case when one's commanding officer may be the judge who is hearing the complaint against him or her.

We need to reform the system to bring it more in line with the norms of civilian justice and make sure that all people in this country have access to charter and constitutional rights.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, today I will be speaking about Bill C-15. I will begin with a brief history of this bill.

In 2003, the Rt. Hon. Antonio Lamer, 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 concerning military justice, the Military Police Complaints Commission, the grievance process and the Canadian Forces provost marshal. Bill C-15 is the legislative response to these recommendations.

We must mention, however, that only 28 of the 88 recommendations have been included in this legislation. Thus, the response is incomplete. Bill C-15 is not a full response to the Lamer report.

Bill C-15 has appeared in a number of previous forms. First there was Bill C-7, which died on the order paper when Parliament was prorogued in 2007—an act that, by the way, was undemocratic—and then Bill C-45, which met the same fate when the 2008 election was called.

In July 2008, Bill C-60 came along, simplifying the court martial structure and establishing a system for choosing the court martial format that would harmonize best with civilian justice.

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

In 2010, Bill C-41 was introduced as a response to the 2003 Lamer report and the 2009 report from the Standing Senate Committee on Legal and Constitutional Affairs.

It included provisions related to military justice, such as reforms to sentencing, military judges and committees, summary trials, the court martial panel and the Canadian Forces provost marshal, as well as provisions pertaining to the Military Police Complaints Commission.

Essentially, Bill C-15 is similar to the version of Bill C-41 tabled by the Senate committee in the last Parliament. The accepted amendments included the composition of the court martial panel and the appointment of military judges during good behaviour until their retirement.

Some important amendments were adopted at the committee stage, at the end of the last parliamentary session. Unfortunately, they were not included in Bill C-15. It is really strange, because many of these amendments were suggested and supported by the NDP and by others. For example, one amendment dealt with the authority of the Chief of the Defence Staff relative to the grievance process. That was a direct response to a recommendation in the Lamer report, and it is missing. There was also an amendment regarding changes in the composition of the grievance board, so that 60% of its members would be civilians. Once again, it is not in this bill. Finally, there was a provision to ensure that a person found guilty of an offence at a summary trial would not be unjustly burdened with a criminal record. That, too, is missing.

What the NDP wants are simple and important things that affect military justice and show respect for the people who serve the country by defending our rights and freedoms.

This bill does propose a number of important reforms. The NDP has long been in favour of the necessary updating of the military justice system. Members of the Canadian Forces are subject to very severe discipline and, thus, deserve a judicial system that is governed by rules comparable to those in the civilian system.

This bill has many shortcomings that we hope will be discussed in committee if the bill is passed at second reading.

The first thing that must be reviewed is the reform of the summary trial system. It is a serious problem. The amendments in Bill C-15 do not deal adequately with the injustice of summary trials. There is a true injustice in these trials. At present, a guilty verdict from a summary trial in the Canadian Forces results in a criminal record. Summary trials can cover many things, some of them insignificant.

They may apply not only to such serious charges as insubordination, but also to less serious offences such as drunkenness or the like, which have nothing to do with the criminal offences that would be found on a criminal record. This is a serious problem that must be reformed, and it must be done immediately.

For example, summary trials are held without the accused being able to consult counsel. There is no recourse and no transcript. We can imagine how a trial is conducted when there is no transcript of what was said. The name says it all: “summary trial”. It is summary, with no real justice and no recourse to a real, fair justice system. Summary trials are held for minor and major reasons, and there is no logic to them.

Moreover, the accused person’s commanding officer acts as the judge. That is much too harsh for some members of the Canadian Forces who are convicted of minor infractions. The fact that the commanding officer is also the judge raises questions about the impartiality of the process. Therefore, changes are needed.

These minor offences include insubordination, as I said, but also quarrels. “Quarrel” is a pretty big word to describe someone raising their voice to someone else. We have to look at the definition of “quarrel”. We are not talking about striking and injuring someone here. Accordingly, we do not see why this should result in a criminal record. Misconduct, again, is very broad. As I said, it is the commanding officer who decides all of this.

Absence without leave, drunkenness and disobeying a command are all undoubtedly very important for military discipline, I agree, but they do not deserve a criminal record, particularly since these soldiers have lives after their military service. Someone who quarrelled with one of his colleagues and who returns to civilian life could find himself with a criminal record because of this.

It then becomes difficult to find a job, to travel outside Canada and to find housing. This creates a whole host of problems for people who, let us not forget, serve the Canadian public and defend our rights and freedoms. Because of some of these measures, their own rights and freedoms are being trampled on somewhat by this military justice system. This process needs to be revised.

I could touch on many other aspects that need to be revised, but I will not have time. A lot of competent people have looked into this. Bill C-15 does not properly reform the military justice system.

To conclude, we in the NDP believe the Canadian Forces already have to meet extremely high standards when it comes to discipline. We know the strict discipline this job calls for. Members of the military are entitled, in return, to a judicial system that is required to meet comparable standards. A criminal record can make life after the military very difficult. Criminal records complicate the process of finding a job, renting an apartment or travelling.

Accordingly, the NDP will fight to make the Canadian military justice system fairer for the men and women in uniform who have risked their lives in the service of Canada. For that reason, it is very important that this act be revised, to respect and honour our soldiers.

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

Mr. Speaker, does the member across the way understand that, by giving his speech, particularly on the subject of criminal records, he is perpetuating the system he hopes to change? Does he realize the Minister of National Defence rose in the House yesterday to indicate the government's willingness to propose an amendment that was first proposed during consideration of Bill C-41 in a previous Parliament? The amendment deals with criminal records arising from summary conviction trials. It would add 25 new offences to the two offences currently in the bill, bringing to 27 the number of offences that do not lead to a criminal record, in the hopes of modernizing the summary trial system.

These amendments need to be considered in committee. Does the honourable member understand that by prolonging debate in the House, we are perpetuating the system he hopes to change?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank the honourable member for the question. If he is willing to propose amendments, then I encourage him to do so. We are still debating Bill C-15 because it remains flawed, as I have pointed out in my speech. I spoke of the flaws relating to summary trials, but there are several more. I do not believe the Conservatives fixed all those flaws. In fact, here is what Colonel Michel W. Drapeau said about summary trials:

I strongly believe that the summary trial issue must be addressed by this committee. There is currently nothing more important for Parliament to focus on than fixing a system that affects the legal rights of a significant number of Canadian citizens every year.

If my honourable friend says he has resolved the issue, good, but Bill C-15 remains flawed. That is why it is important to discuss it today.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I commend my hon. colleague on his speech. He talked about improving military justice and how important that issue is to the NDP, and he mentioned that we need to reduce the differences in how military and civilian courts handle cases.

Could my hon. colleague tell us more about the need to reform the sentencing process for summary trials?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my hon. colleague for her question. Indeed, summary trials are problematic. I hope that everyone in the House recognizes how important it is that our troops be able to have another life after serving in the military. We need to help them transition to civilian life. Serving Canadians and protecting their rights and freedoms is not an easy job. Military personnel have to make major sacrifices and submit to a very strict discipline. Therefore, it is only natural for us to make their lives easier, as a way to thank them for their services. A person should not have a criminal record because of something that is not a crime. That is why Bill C-15 is inadequate and needs improvement, as I pointed out during my speech.

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I am pleased to speak in this House on the subject of Bill C-15. We have before us a bill that is a recognition of a serious problem in the administration of military justice. In this regard, we are unfortunately lagging behind many other countries that have identified the same problems as we have, but have made faster and more effective efforts to fix them.

What is strange is that while our Conservative friends acknowledge the problem, they have deliberately chosen to fix only half of it. And that is why we have a problem; that is why we oppose this bill.

My colleague has talked about the first problem: summary trials that are held in circumstances that do not allow for the accused to make a fair defence. Summary trials are really the nub of the problem. The vast majority of offences committed by members of the military are dealt with by summary trial. One of the statistics we have here seems frightening to me: in 2008-09, a total of 1,865 cases—96% of all cases—were disposed of by summary trial. Obviously it is a euphemism to say “seems”, because 96% says it all.

What this system means is that the accused does not enjoy rights that are otherwise considered to be fundamental in an ordinary justice system: the right to be represented by counsel; the right to appeal; a transcript of the trial so the person can appeal based on the trial; and the right to an impartial judge. As it stands, the person’s commanding officer is the judge. That situation is clearly unfavourable.

What if there was judicial error? What if the decision was tainted by personal tensions between the accused and the judge, for example, who happens to be the person’s immediate superior? Anyone who works in an ordinary situation will agree that these are certainly not ideal circumstances for making an objective decision. There is no organization in which such a structure exists without the opportunity to have the decision reviewed.

The expression “criminal record” is probably the one that most clearly expresses something that can harm and weight down a person’s life. The circumstances in which that record is created are therefore a matter of concern for us. It is in fact a very good thing that we are trying to address this issue. Once again, we are expressing this kind of confidence in our parliamentary system so that we can find concrete solutions for people having to deal with this problem.

When we consider the consequences of having a criminal record, we can say that the decisions of these tribunals in fact have very serious consequences. These are decisions that harm a person’s entire life. In the first place, having a criminal record will certainly harm the person’s entire existence, jeopardizing all his opportunities to gain access to certain positions, certain jobs, certain countries and so on.

Imagine you are enrolled in the army and are told to go and fight for your country, for noble values and so that young girls can go fly kites. You are given a weapon, sent into mine fields and left to live in misery, sadness, loss and anger. After all those tribulations and the incredible stresses to which you are exposed, you are given a criminal record for a breach, a breach of discipline, a breach of some barracks code of conduct, for example. That is not even a serious crime, an abuse of power or a violent act, but rather an act of disobedience or insubordination, or merely the result of one pint too many. And you are unable to defend yourself adequately at your summary trial. Imagine that later on, years later, you travel to the United States for a one-week vacation and are turned back. You are in the car with your daughter, and the customs officer says you cannot enter the country because you have a criminal record. One can see the heresy in that situation, when someone who has served his country clearly suffers an injustice.

In the spring of 2011, the NDP proposed many amendments in committee, one of which in particular comes to mind. We proposed that there be 27 minor penalties, that is to say penalties not resulting in a criminal record. There are currently only five. That is definitely a step forward that should be looked at more closely, since this is clearly a form of injustice. This seems obvious to a novice, since I do not claim to be a legal expert.

These exceptions must absolutely be brought back to the table in order to put a stop to the injustice of giving military members criminal records for inconsequential offences.

Now I would like to talk about respect for the standing committee and its work. It is surprising that the majority in this House did not want to adopt the amendments we introduced last spring. These are not partisan proposals. Instead they are an appeal to common sense and show respect for our military members. This is even a matter of respect for the standing committee’s work. The committee worked long and hard, as many of my colleagues can attest. We can also attest to the enormous amount of work that is done in the committees and that generally appears to remain a dead letter.

This committee heard evidence and thoughts, recorded appearances and heard many speeches. What about the result of its work? Is it merely good for the shredder? One would think so.

Ultimately, the committee thought it was good and wise, when Bill C-41 was introduced in spring 2011, to adopt the proposal made by the members of my party, who felt that special attention should be given to cases in which an offence does not deserve a criminal record. Why not respect the committee's work and restore that proposal, which was made in good faith and in a non-partisan manner?

I would also like to note the importance of the Military Police Complaints Commission and of enhancing its work capacity, which is absolutely necessary. Limited by the fact that it cannot examine cases that arose before 1999, the commission is designed to handle those in which doubts are raised about the military police's work. I have seen cases in which the commission appeared to be powerless in difficult situations where lives were at stake; I hope to have the time to discuss them. For the good of military personnel and the credibility of the military police, it is essential that the commission be able to operate efficiently in a manner respectful of the players who constitute it.

Lastly, we believe that, to be relevant, the grievance committee that examines the rights of military personnel respecting their benefits, their release, internal issues, harassment and medical matters must be independent and stand outside the Canadian Forces. We have previously suggested, for what I believe are obvious reasons, that 60% of the committee members should be individuals who have never served in the Canadian Forces. This is a reasonable proposal that, like everything we are discussing here, is a matter of natural justice and of aligning military justice with civilian justice.

The members of the Canadian Forces obviously have no association or union to which they can turn. That is why we want the committee to receive and hear the grievances of Canadian Forces members in the rigorous, impartial manner characteristic of an independent outside agency.

This is a matter of natural justice. No one can dispense justice on his or her own behalf. I am going to act like an intellectual and translate that sentence into Latin: Nemo iudex in causa sua. I have quite a Latin accent; I am trying to entertain my colleagues.

Everyone has a right to be heard, and that includes the opportunity to appeal a disputed decision or apply for a review of a decision that appears to be incorrect. As that first rule was very popular, I am going to add a second: Audi alteram partem. This is a reference to our basic system and to the Latin language. These are rules of natural justice commonly in effect in civilian law courts in Canada. They are also in effect in military courts in many countries such as Great Britain—which, it must be acknowledged, the government likes so much—New Zealand, Australia and Ireland.

Why do these rules and rights not apply in our own military courts? Are we saying, “Join the army, sign here, and lose all your rights”? That is a good question.

What I find most disturbing is the extent to which these people devote their lives to defending their country. It seems almost old-fashioned to say it, but they have to be effective, not drag their feet and solve a problem. They are doing it for us. Honestly, as a parliamentarian, I am embarrassed that it has taken so long to move forward on this issue; we are dragging our feet. I hope we can show some collegiality and resolve these matters as soon as possible so that our men and women in uniform feel they are being heard by civilian society.

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

Mr. Speaker, as every member well knows, two former chief justices of the Supreme Court, Justice Dickson and Justice Lamer, both agree that the Canadian Charter of Rights and Freedoms as well as natural justice are protected by the Canadian Forces' current summary trial system. According to some well-respected leaders in the field of justice, this system works fairly well.

There are currently 27 offences leading to a criminal record in the summary trial system that we are hoping to remove from the list after the committee has concluded its study.

By prolonging the debate, which has already lasted a year, and preventing the committee from proceeding with its study, the member is perpetuating a system that all of us want to change.

I have a question for the member about criminal records. Does he agree the time has come to send the bill to committee in order to speed things along?

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I thank my colleague for the question.

There is indeed a time to fix things, but let us not misdiagnose the problem. That is essentially what I would say.

Here is a concrete example. A certain individual in my riding, who shall remain nameless for obvious reasons, has come to see me on several occasions, complaining that he was ignored by the military justice system and that his life was torn apart. I do not blame my colleague.

It is clearly time to do some housecleaning. No need to parge the walls if the whole foundation is sinking. It is important to get a good read on things and properly assess the situation before getting to work.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I would like to commend my hon. colleague on his excellent speech and, above all, on his use of Latin.

One thing I find rather strange is that, in this bill, the government does not take into account previous recommendations and things that were accepted in a previous session.

And now, the Parliamentary Secretary to the Minister of National Defence is telling us there are more amendments. First the government does not take into account the very important amendments my colleague mentioned, then it introduces a bill and improvises by proposing other amendments. There is an issue of trust with this government, especially when it comes to the way it does things and handles amendments.

Could my colleague explain why this government's actions are a cause for concern, since the government seems to be improvising without taking into account the excellent work done by the committee and other non-partisan committees that came up with real solutions?

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I thank my hon. colleague from Brossard—La Prairie for his question. God knows he is right to be unhappy that the government has so little regard for the committee's recommendations and witness testimonies.

In the committees I work on, there have been many occasions where we felt we were making a sincere and real effort to do good parliamentary work. We kept in mind we were serving Canadians. Taxpayers pay us and hope that Ottawa uses public funds as wisely as possible to manage situations.

Sadly, the government's editorial strategy and the way it uses its majority as a steamroller create the impression that any arguments we make are dismissed; everything is presented with a partisan flavour, so the government can feel it has solved the problem and is the possessor of the absolute truth, which is really unfortunate.

There is no Latin quote I wish to add.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, 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. The NDP believes that this bill is a step in the right direction in order to make the military justice system and the civilian justice system more uniform. Still, it does not address the key issues needed to reform the summary trial system and the grievance system. Today I will speak to the grievance system.

Significant amendments were made at the committee stage at the end of the last session of Parliament, but have not been included in Bill C-15. These include 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, and the provision that a person found guilty of an offence through a summary trial would not be unjustly burdened with a criminal record.

I want to say something about the last point. This bill proposes many important reforms. The NDP has long advocated the updating of the military justice system. Members of the Canadian Forces are subject to very high standards of discipline and, as Canadian citizens, they deserve a justice system that is subject to the same standards as those that apply to other Canadian citizens.

With regard to reforming the summary trial system, the amendments in Bill C-15 do not properly address the unfairness of summary trials. At present, a conviction at a summary trial in the Canadian Forces results in a criminal record. The accused is not able to consult counsel. There is no appeal and no trial transcript. In addition, the judge is the accused's commanding officer. That is unduly harsh for some members of the Canadian Forces who are convicted for minor offences.

Among those minor offences are insubordination, quarrels and disturbances, misconduct, absence without leave, drunkenness and disobeying a lawful command. They are very important for military discipline, but not worth a criminal record.

Bill C-15 provides an exemption so that some offences—with minor punishments or fines under $500—would not be put on a criminal record. This is one of the bill’s positive aspects. But we do not think it goes far enough.

In committee, in March 2012, the NDP proposed amendments to Bill C-41 that would have expanded the list of offences that could be considered minor and thus would not attract a criminal record if the offence in question received a minor punishment. The amendment also would have expanded the list of penalties that could be set by a tribunal without being noted in the criminal record.

That was progress in terms of summary trials, but since that amendment was not included in Bill C-15, we want it to be included now.

I want to mention Colonel Drapeau, a retired Canadian Forces colonel and an expert in military law. He testified before the Standing Committee on National Defence in February 2011. This is what he said about summary trials:

...I'll get right to the point. The answer is yes...Decriminalize the summary trial system. End of discussion. Remove today the custodial power of the commanding officer to send somebody to detention. If that needs to be done, then that person ought to be tried by court martial where all the rights are provided. So you remove that in the same way as Ireland has done it, as Australia has done it; you decriminalize it. There's no record.

The individual would not have that stigma attached to him just because he didn't shave that morning or he showed up late. Whether he gets a fine or a suspension of leave or he has to stay on the ship when alongside, I can live with that, and that would apply in Canada and abroad. And if there really is a requirement to prosecute someone because of the severity of the offence, then a court martial, and a court martial can be held any place in the world.

That results in a criminal record.

A criminal record can make life after a military career very difficult. Having a criminal record can make it difficult to find a job, lease an apartment, travel or obtain insurance.

I researched the effects of a criminal record on persons who do not go to court and found that it can affect a number of aspects of the person's daily life: employment, entering another country and insurance.

That is right. We can be refused insurance coverage if a member of our family, perhaps a child who was a soldier, has a criminal record because he did not shave his beard one morning.

People with criminal records have difficulty finding work, especially in security. Who better than a former soldier to work for a security company? But he would not get the job.

In general, two out of three employers require a criminal record check.

Under the Criminal Code, civilians can have a criminal record for such offences as assault, extortion, harassment, kidnapping, identity theft, murder, homicide, abuse and theft. That is not the case for our soldiers.

We are severely punishing certain Canadians. Our soldiers, members of our armed forces, receive harsher penalties.

The list of crimes against justice is a long one and includes corruption, failure to report a crime, obstruction and perjury. These are all good reasons to be in such a situation, but a young soldier arriving late for his shift is not a good reason.

Another witness at committee, the British Columbia Civil Liberties Association, said that military officers who impose penalties during a summary trial are often trying to set a disciplinary example within the unit in order to discourage future infractions, rather than burden the accused with the consequences that come with having a criminal record in civilian life.

The goal is to achieve discipline within our armed forces. I do not believe that the officer imposing the sentence necessarily wants to punish a young man who makes a mistake for his entire life. Soldiers simply want discipline within the military, and that is a good thing.

We therefore have a problem of basic fairness dominating a system that imposes harsh sentences on people who need increased procedural protection.

Colonel Drapeau went on to say:

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

The summary trial is by far the most commonly used form of service tribunal in the military justice system. The summary trial is designed to deal with minor service offences.

The NDP believes that Canadian Forces personnel must comply with extremely high standards of discipline and that, in return, they deserve a justice system that also meets standards similar to those applied to other Canadians.

Having a criminal record can make post-military life very difficult. It complicates everything from finding a job, to renting an apartment and so on.

We really want to see this bill improved and to ensure that the committee members' amendments will be included in the bill. That is why we plan to oppose it in the upcoming vote.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, is my colleague aware of the changes that Bill C-15 would bring about with respect to time limits of the laying of charges that are dealt with at the summary trial? The National Defence Act currently provides that an accused person cannot be tried by summary trial unless the summary trial commences within one year after the day on which the service offence is alleged to have been committed.

Bill C-15 would also require that “the charge is laid within six months after the day on which the service offence is alleged to have been committed”, ensuring timeliness for the summary trial process.

Does the member not agree that ensuring a speedy trial for relatively minor offences ensures that less serious matters are dealt with quickly and fairly?

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, I thank my colleague for her question.

That is not the issue. My criticism is not about short versus long trials. The trial must be clear, so the person involved can receive a sentence appropriate to the offence or wrongdoing. That is why we say a summary trial can be problematic. A quicker trial is not necessarily more effective. We want to be more effective, yes, but above all we want to achieve justice.