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

[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.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I thank my colleague for his question. I especially thank him for pointing out that Canada is lagging behind other countries that have already updated their criminal justice systems.

Bill C-15 corrects some of the current shortcomings, but it does not go far enough, as I said earlier. We should be looking at the countries my colleague mentioned, as they went much further in reforming military justice. We obviously need to move in the same direction and follow their lead as we reform our military justice system.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I thank my hon. colleague for his observations and comments. Since we are on the subject, we would really like to see the amendments to the previous bill included in this one. We want to update all of those things. Bill C-15 is a step in the right direction. However, a lot more could be done to make the military justice system more consistent and more equitable for some people who have to face military justice, sometimes for offences that are more like insubordination. When that happens, as I said, they get stuck with a criminal record. In our opinion, the bill should go even further and include more summary offences that could be—

[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.

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I am obviously very honoured to be here in this House to discuss Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, which we are examining today.

On this side of the House, we believe that this bill is a step in the right direction, but it is unfortunately a small step. We believe that military justice must be a part of Canada's justice system as a whole. Military justice laws must be consistent with other laws in our justice system, particularly when it comes to the principles of fundamental rights. Military justice must be fair and equitable so that it does not negatively affect discipline and so that it helps maintain morale among our troops. Our soldiers volunteer to participate in our armed forces. They must always be entitled to fair treatment.

During the study on a bill that dealt with the same issue, we tried to ensure that the military justice system procedures were effective and consistent with the need for disciplinary issues to be resolved quickly. However, efficiency and speed should not trump the fundamental principles of justice. Just because they are members of the military does not mean that the fundamental principles of justice do not apply to them.

The origins of this bill date back to 2003. I would like to provide some background so hon. members understand its origin and scope. In 2003, the Right Hon. Justice Antonio Lamer, former Chief Justice of the Supreme Court of Canada, submitted a report on the independent review of the National Defence Act. This report contained 88 recommendations on various military justice issues.

The government introduced Bill C-15, in response to this report and its recommendations. I must point out that, of the 88 recommendations in the report, only 28 were included in this bill. The provisions in Bill C-15 appeared in other bills that were previously introduced in Parliament. There was Bill C-7 and Bill C-45, which both died on the order paper.

In July 2008, the government introduced Bill C-60 to simplify the court martial structure and establish 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 to respond to the 2003 Lamer report and to the Senate committee's 2009 report.

When the committee studied the bill, it approved some of these amendments, which would have resolved some of the problems raised by the bill. Oddly enough, they are not included in Bill C-15, which has been introduced and is before us.

Some of these amendments had been proposed by the Judge Advocate General as compromises to correct the system in an acceptable manner. They removed certain offences from the list of those that would not result in a criminal record. However, the government simply deleted these amendments when drafting Bill C-15.

That is the extent of the Conservatives' respect for the work of Parliament. Unfortunately, they believe that they can do as they wish without regard for the previous work of Parliament because they have a majority. Basically, Bill C-15 is similar to the version of Bill C-41 introduced by the Senate committee in the last Parliament. However, that bill contained the provisions of bills C-7 and C-45, which died on the order paper, as I mentioned.

The provisions in the bill were not included in Bill C-60. The bill also implemented the recommendations made by Justice Lamer in 2003 and those made by the Senate committee in 2009. At committee stage of Bill C-41, my colleagues on the Standing Committee on National Defence proposed amendments to Bill C-41 to lengthen the list of offences that could be considered minor. My colleagues believed that these minor offences did not warrant a criminal record. The proposed amendments also would have lengthened the list of penalties that could be set by a tribunal without resulting in a criminal record.

However, many of the amendments proposed for Bill C-41 were, unfortunately, not included in Bill C-15. Although it contains some worthwhile provisions, Bill C-15 also has some shortcomings. If the bill makes it through second reading, we hope to be able to discuss those shortcomings and ensure that the bill will make the military justice system as fair and effective as possible.

I would like to focus on the provisions concerning summary trials, since some of them, as they are written, could have serious consequences for soldiers, particularly during their transition to civilian life.

A summary trial is one where the chain of command is allowed to judge subordinate soldiers. It is important to point out that these trials are held without lawyers, without a jury, without a system of evidence and without witnesses, unlike in the civilian justice system. Over 95% of military trials are summary trials. A conviction in a summary trial sometimes results in a criminal record. There is no recourse and no transcript of the proceedings. This is too severe for 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 are undoubtedly very important for military discipline, but do not necessarily call for a criminal record.

In committee last March, the NDP proposed amendments to Bill C-41 to increase from five to 27 the number of offences that could be considered minor and would not merit a criminal record if a minor sentence were imposed. The amendment also added to the list of penalties a tribunal may impose without giving the offender a criminal record, for example, a severe reprimand, a reprimand, a fine equal to one month's salary and any other minor sentences. These amendments were very important to us, and that is why we want them to be included in Bill C-15.

A criminal record can make soldiers' lives very difficult after they leave the military. A criminal record can make it hard for veterans to get a job, rent an apartment, travel or get insurance. Many Canadians would be shocked to learn that the soldiers who so bravely served our country could end up with a criminal record because of flaws in the military justice system.

I have seen first-hand the problems experienced by some veterans during their transition to civilian life and I know it has been extremely difficult for some. As I said, I am a member of the Standing Committee on Veterans Affairs. Veterans shared their concerns with us loudly and clearly and talked about the obstacles they face in their transition to the civilian world. It is hard for veterans, especially for injured veterans, to find work in the civilian world. Considering the number of veterans working in the public service, it is clear that priority hiring for veterans is not always respected.

The private sector, and especially the construction industry, is trying to do its part, but this private sector initiative is not available to all veterans, since it is not available in all provinces. Veterans therefore have to obtain educational equivalencies for the training they received during their service. If they are saddled with a criminal record on top of that and have to go through the commission to get a pardon, which costs $600, we are doing nothing to help them reintegrate properly into civilian life.

As I said earlier, we would like the bill to include these provisions.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I thank my colleague very much.

Unfortunately, every opposition member has experienced this kind of situation, whether in committee or the House. We are all, unfortunately, familiar with the intransigence of a majority government, and that is not the way things should work.

Our experience today of Bill C-15 is a reminder of what has occurred previously in this House, whether in relation to omnibus bills or other problems that have warranted consideration in committee. For example, Quebec's centre for maritime research and rescue has been denied a voice in every forum it has sought one. What we are seeing here is symptomatic of what can be found in all Conservative bills: contempt for the opposition, nothing less.

[Sana Hassainia, NDP, Verchères—Les Patriotes, QC]

Mr. Speaker, I would first like to thank my colleague for her speech. I would like her to talk about the reform of the grievance system.

The NDP proposed an amendment that stipulates that at least 60% of the members of the grievance board must not be former officers or members of the Canadian Forces. This amendment was adopted in March 2011 as part of Bill C-41, but it was not retained in Bill C-15.

Could my colleague tell us why it is so important to include this new amendment?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am very pleased to rise today to speak to Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

Many of my colleagues have already spoken about this bill, today and during previous days. I am very pleased to join their ranks today. Despite what we sometimes hear, the NDP has been in favour of making the necessary updates to the military justice system for a long time now, and we have been working to improve and strengthen this system of justice.

Members of the Canadian forces are subject to extremely high standards of discipline and they deserve to have a justice system that is held to the same high standard.

Before going any further in my discussion about Bill C-15, I would like to take a moment to thank my colleague from Nanaimo—Cowichan for her very appropriate comments about military justice for our veterans.

I come from the riding of Portneuf—Jacques-Cartier, where the Valcartier military base is located. A number of troops have been sent to Afghanistan over the past few years. Some of them are my age and others are younger than I am. When they come back, they do not have the services they deserve. Sometimes they are relieved of their duties after a year, without any forces' support. They receive a lump sum and that is it. Once that money has been spent, our troops no longer have any support from the government. However, they deserve more, because they gave their lives, they sacrificed time that they could have been spending with their family and they sacrificed many things in the service of their country. They deserve a lot more than they are getting right now. Therefore, I would like to thank my colleague and I would like to take the time to thank the troops. As there have been members of my family in the military for a number of generations, I understand all the sacrifices that choosing this career can have on families.

To come back to Bill C-15, it is a response to a series of 88 recommendations made in 2003 by the Honourable Antonio Lamer, former Chief Justice of the Supreme Court of Canada, in his report on the independent review of the National Defence Act.

His recommendations were presented almost 10 years ago now and dealt primarily with the military justice system, the Military Police Complaints Commission, the grievance process and the Canadian Forces provost marshal.

When the Lamer report was tabled, the Liberals were in power. At the time, they said they supported the report’s recommendations, but they never took any concrete action to follow them up. In successive parliaments, a number of bills have been introduced in the House, which were attempts to develop an adequate response to the recommendations presented in the Lamer report. However, all of these responses died on the order paper.

One of the bills introduced in a previous Parliament was Bill C-41, in 2010. There was a great deal of discussion about it in the House. The bill contained provisions relating to military justice, and involved reforms to the sentencing process following an offence, military judges and military panels, summary trials and many other issues.

This bill was studied in detail in committee, and some amendments were proposed and accepted by all the parties, including the NDP. All the parties were able to agree on a bill that put forward a more balanced approach to military justice.

Now, Bill C-15 is clearly a first step in the right direction, but it does not go far enough to try to bring the military justice system and the civilian justice system closer together. Bill C-15 includes several provisions that were in Bill C-41. However, many were not included in the new version of the bill, including amendments that were proposed by the NDP about the authority of the Chief of Defence Staff in the grievance process, changes in the composition of the grievance board to ensure that members were 60% civilians, and the provision to ensure that a person convicted in a summary trial is not unjustly subjected to a criminal record.

The NDP believes that Bill C-15, if it gets through second reading, needs to be thoroughly reworked to correct the many shortcomings it still contains, such as how the summary trial issue is dealt with.

The summary trial is by far the most common kind of military tribunal in the military justice system. Indeed, more than 90% of disciplinary proceedings are handled in this manner. Summary trials were designed to address minor military offences in a context in which the sentences available are limited.

These minor offences include insubordination, quarrels, misconduct, being absent without leave, drunkenness and disobeying an order.

Summary trials attempt to deal quickly with the presumed offences within the unit in order to be able to return the member to active service as quickly as possible, thereby promoting and maintaining discipline within the unit. With the exception of a number of specified offences, an accused may choose between a summary trial or a court martial, which is generally for more serious offences and involves more complex procedures.

Summary trials differ from civilian judicial proceedings in several ways. First of all, in a summary trial, there is no transcript of the proceedings, and the accused's commanding officer presides. This alone gives rise to concerns about the potential for conflicts of interest. In addition, the accused are not given the opportunity to consult a legal advisor during proceedings, and the sentence handed down as a result of a summary trial cannot be appealed.

Lastly, a conviction in a summary trial in the Canadian Forces results in a criminal record for the accused, which seems much too severe for many of the minor offences.

Yes, under Bill C-15 certain offences that are subject to minor sentences or fines less than $500, would be exempt from resulting in a criminal record. That is positive, but we think that does not go far enough.

A criminal record makes post-military life very difficult, particularly when it comes to looking for a new job, renting an apartment, travelling and many other things. We know that returning to civilian life after being deployed overseas or after spending a certain amount of time in the armed forces is not always very easy. There are not always equivalents for skills transferred between various jobs. These people need a lot of support. They may need to take various remedial courses, or new training to be able to return to civilian life. This involves a lot of effort in a situation that is already so difficult. If you add to that the fact that an individual has a criminal record for a minor offence as a result of a summary trial, that really undermines the lives of certain military members. They are deprived of certain charter rights.

It is hard to imagine that soldiers who sacrifice themselves, who risk everything in the service of their country, can have a criminal record as a result of a system that does not have the regularity of the process used in civilian criminal courts. I understand that the Canadian Forces have established a code of conduct under which standards are quite strict in order to meet a genuine operational need. We cannot deny that. Discipline, obeying orders and hierarchy have a specific purpose and are essential to the proper operation of the unit and the survival of soldiers in combat situations. That is clear. However, it is nevertheless disturbing that military members can be deprived of certain charter rights when they undergo a summary trial. The NDP believes that the Canadian military justice system should be genuinely just and fair for men and women in uniform who have risked their lives in the service of Canada.

Several Commonwealth countries such as Great Britain, Ireland, New Zealand and Australia have already made significant changes to their summary trial system. Why not Canada? Why does Canada still lag behind, and why have we not yet implemented all the recommendations of the Lamer report?

If Bill C-15 passes second reading and is referred to committee, it is essential that we come up with a bill similar to what was introduced in Bill C-41. The work done at that time represented a consensus among all the parties. It should not be shelved simply because the Conservative government now has a majority.

The amendments discussed last spring could have been included in the present version of Bill C-15, and we would not be here today. We would not still be engaged in the debate that we are having in this House; we would already be dealing with a much more balanced bill for our military justice system. That is what we are all trying to achieve. That is why the NDP continues this debate in this House. This is a very important issue for our troops and we must debate it thoroughly.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, there are a number of points that were made. I will start with the issues around summary trials. I was reading from the B.C. Civil Liberties Association, bringing forward its concerns with the process in the bill. It has a number of valid concerns that need to be addressed by the House.

The member talked about the fact that perhaps they are open to amendments. However, the question then becomes this. Amendments were proposed when Bill C-41 was before committee, but the amendments are not reflected in Bill C-15. Therefore, if they are amenable to amendments why are some of those amendments not included in Bill C-15? It does not sound like good faith when we hear on the one hand that they are willing to look at amendments, and then on the other hand see them not considering any of the amendments before them.

What amendments would they consider then? Maybe they would like to actually talk in the House about the amendments they would consider.

With regard to veterans and my so-called feigned outrage, my outrage is not feigned. I would invite the member to come to my riding in Nanaimo--Cowichan and talk to some of the veterans who are not getting the services they need from the government. We have veterans who are living on the streets because they cannot find housing and do not have the necessary supports. It is not feigned outrage. The Conservatives need to pay attention to what is happening to veterans in the country when they return.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, before I launch into my speech, I will just pick up on a point that my good friend was making about the amendments proposed to the previous incarnation of this bill. As he rightly pointed out, those amendments have not been included in the current version of the legislation.

I will talk about some of the testimony given in regard to the previous bill, which does beg the following question. Here we have witnesses, people who have a tremendous amount of detailed knowledge about some of these issues, coming before committees on this particular bill and its previous incarnation, and yet every single proposal for an amendment is disregarded. Some of these amendments are reasoned amendments. We have seen this in committee after committee. On the aboriginal affairs committee I am involved with, I do not believe we have had a single amendment to the legislation before the committee.

We use our time here in the House to raise these issues because the public pays attention to debate in the House. Bringing forward these important points of view for consideration in legislation is part of our responsibility of due diligence as parliamentarians. I have talked about due diligence a number of times in the House. It is our responsibility to examine the legislation closely, to see where there are potential faults and to see if there are ways that we can improve the legislation. We are being responsible parliamentarians by raising these issues, and if we need to take the time in the House to do that, we will take the time in the House. The government will continue to limit debate, and here it is ironic that we are talking about military justice. Despite our talking about justice here, the government continues to limit debate, forcing time allocation, managing witness lists, and on it goes, all of which are not part of the democratic process.

Turning to Bill C-15, I am sure that others have spoken about this but I just want to read into the record that 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 strengthening military justice in the defence of Canada act. Just as a little aside, it is about strengthening military justice, and if we want to strengthen military justice in this country the other thing that we have to do is to look after veterans when they come home. If we want to talk about justice, that is justice. I have too many Afghanistan veterans in my riding suffering from PTSD who cannot get access to the education funds they need to resume their lives because of the trauma they have suffered in Afghanistan. Therefore, if we want to talk about military justice, let us also talk about supporting the troops when they come home.

Bill C-15 would amend the National Defence Act to strengthen military justice following the 2003 report by the former Chief Justice of the Supreme Court, the Right Hon. Antonio Lamer, and the May 2009 report of the Standing Senate Committee on Legal and Constitutional Affairs. Among other things, the bill would provide greater flexibility in the sentencing process. It would:

(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.

It would also clarify the responsibilities of the Canadian Forces Provost Marshal and make amendments to the delegation of the Chief of Defence Staff’s powers as the final authority in the grievance process.

The New Democrats believe that Bill C-15 is a step in the right direction to bring 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 will now turn briefly to the legislative summary, because it does bring forward some of the testimony on the previous bill. The legislative summary indicates that the Bill C-15 “largely reproduces the provisions of the former Bill C-41...”. That is an important point because the New Democrats did propose amendments to that bill and there were witnesses who came forward and talked about some ways the bill could be improved. Many of us support aspects of the bill but there are some key parts that require further attention.

In summarizing some of the key witness testimony, the legislative summary states:

[They] raised concerns regarding specific clauses in the bill, including:

provisions that would permit the Vice Chief of Defence Staff...to issue instructions in respect of specific military police investigations;

provisions regarding the composition of the Grievance Board and provisions allowing active service members of the Canadian Forces to be appointed to the Grievance Board; and

provisions making the CDS the final authority in relation to grievances submitted by military judges not related to their judicial duties.

A number of submissions to the committee suggested that while the bill was a very positive step, it ought to have gone further by, for example, reforming the summary trial system to include more procedural protections for accused persons or by diminishing the consequences of conviction before such tribunals. The lack of authority of the CDS to provide financial compensation when compensation is found to be due under the grievance process, and the failure to implement certain outstanding recommendations in the Lamer Report relating to the Grievance Board were also raised as concerns during the hearings.

I want to focus on one particular aspect of this and read from the testimony on Bill C-41 by the B.C. Civil Liberties Association. Concerns have been raised about the summary trial aspect of the bill. In its brief called “Supporting the Troops: Fairness for Canada’s Soldiers”, the B.C. Civil Liberties Association raised a number of issues. I want to talk about summary trials first, because many of us in the House are not lawyers and do not have intimate knowledge of the criminal justice system.

The brief states:

Summary trials are a type of service tribunal used to try members of the Canadian forces who are accused of wrongdoing in an expedient, informal manner. They are the main alternative to courts martial, which more closely match the civilian judicial process and generally require more time and expense to try an accused. Summary trials are the principal method through which individuals in the military are tried. They make up roughly 95% of service tribunals convened each year under the Act, while courts martial are used to try the remaining 5% of cases.

Summary trials can be used to try an accused charged with almost every offence under the Act, aside from particularly serious offences such as mutiny and certain seditious offences, and can also be used to try individuals for offences under other Canadian statutes such as the Criminal Code and the Controlled Drugs and Substances Act. While certain minor offences, such as drunkenness and being away from a post without leave, can only be tried by way of summary trial, in other cases an individual charged with an offence under the Act is given the choice as to whether to be tried by summary trial or court martial. It is to be inferred that individuals charged with an offence may be daunted or intimidated by the more complex nature of proceedings before courts martial. A majority of those charged with disciplinary violations under the Act, especially those charged with minor offences, do not choose to avail themselves of their right to be tried through a court martial....

One of the most serious deficiencies of the summary trial procedure is the fact that most accused lack adequate representation. Individuals being tried by summary trial do not have the right to be represented by a lawyer, and may be prevented from doing so even if they arrange for counsel at their own expense. The Act does require that an accused be provided with an “assisting officer,” who can assist with many aspects of the process, including preparing an accused person's case and making submissions on their behalf at the trial. However, assisting officers are not required to have any legal training, or any previous experience with the summary trial process. They are generally other officers in the accused's unit, and are appointed for the role under the authority of the presiding officer at a summary trial, which in itself presents a conflict of interest. Many assisting officers therefore lack sufficient training and experience to provide an accused with effective representation.

It also states:

BCCLA believes that the summary trial process, which is used to try individuals for offences under the Act in an expedited manner, fails to meet minimum standards for procedural fairness. Despite the potential for significant criminal penalties, including imprisonment and stigmatizing criminal records, the summary process deprives Canadian soldiers of basic standards of fundamental justice, including the right to legal representation, the right to be tried according to the standard of guilt beyond reasonable doubt, the presumption of innocence, and the right to an impartial adjudication of one’s case. Weak trial procedures and limited mandatory training for decision makers tend to induce poor quality adjudication, false convictions and wrongful imprisonment. During deployment or active combat there may be sufficient reason to justify a departure from basic standards of procedural fairness, but absent such urgency and necessity, the rule of law and the principles of fundamental justice demand more for our soldiers.

There is a lot more in this testimony, but my time is running out.

Given what we require our troops to do, which many of us here would not be prepared to do, these principles of fundamental justice are critical. That is why the NDP is opposing the bill. That is why the former member recommended a number of amendments, which are simply not present in Bill C-15.

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

Mr. Speaker, I thank my colleague from Laurentides—Labelle for his interesting remarks on Bill C-15. Bill C–15 was studied in committee, and the NDP proposed amendments to the bill, which, surprise surprise, were defeated without any assurance that they were ever truly considered.

I would like to ask my colleague whether, in his experience, he has seen other similar situations and if, on the committees he has sat, he has seen other situations where amendments were defeated similarly without even being properly considered or debated.

I have seen similar situations in the committees on which I have sat. Since my colleague is talking about democracy, perhaps he would like to comment on the process Bill C-15 has undergone to date in committee.

The House resumed consideration of the motion that Bill C-15, 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, and of the motion that this question be now put.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to start by thanking everyone involved in supporting us as members of Parliament in Tuesday’s voting. Despite all of the amendments at committee and in the House, the balance of the government’s 2012 economic action plan will become law shortly.

This afternoon, the House will resume consideration of second reading of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. Once that has concluded, we will turn to report stage of Bill C-37, the Increasing Offenders' Accountability for Victims Act, Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act, and Bill C-43, the Faster Removal of Foreign Criminals Act.

We will continue working on these bills tomorrow.

Monday shall be the seventh allotted day, which goes to the New Democrats. This gives the official opposition one last opportunity before the new year to lay out its plans and schemes for a $21.5 billion job-killing carbon tax that will raise the price of everything.

For the rest of the week, I hope to advance a lot of legislation that continues to sit on the order paper. In addition to the bills I mentioned already, we will also consider Bill C-48, the technical tax amendments act, 2012; Bill S-8, the safe drinking water for first nations act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill C-49, the Canadian museum of history act; Bill C-17, the Air Canada and its associates act; and Bill S-7, the combating terrorism act, once that bill has been reported back from committee next week, which I anticipate.

Strengthening Military Justice in the Defence of Canada Act

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I thank my colleague from Sherbrooke for his question.

I hope not. I will not presume to say what the intentions or thoughts of the government members are.

Unfortunately, the Supreme Court has not challenged this justice system. In other words, it is tolerated by the legislative system, which sees the status of members of the Canadian Forces as being on a par with the institution.

This choice was made in the past. It may have made sense in a certain context and in terms of a mindset inherited from a very distant past. Unfortunately, given current knowledge of and progress in the treatment of diseases linked to combat or service situations, this choice demonstrates that we are on the wrong path. We must immediately get back on track.

That is why we are trying to convince the government members of the merits of our opposition to Bill C-15, so that we can go much further instead of making do with half measures, which would be truly deplorable.