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

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

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

This morning, I had the opportunity to hear speeches by a number of my NDP colleagues. Some points they raised were very interesting. I also noticed that a number of members on the other side of the House were interested in the debate, including the parliamentary secretary with his questions. After this morning's discussions, I have a better understanding of the bill.

I would like to take a moment to mention that all of the parties agree that the Canadian Forces are important and that they deserve our respect. These men and women put their lives on the line to protect our freedoms. They go all over the world to protect us and to promote freedom for everyone. It is with a tremendous amount of respect that I rise today to very humbly speak to Bill C-15.

It is often very hard for these people to be away from their families. That is something that many of us do not understand. I have friends in the Canadian Forces. Some of my friends' parents were also members of the Canadian Forces for decades. I have heard all kinds of stories, each more incredible than the next. They are always very proud to talk about their experience in the Canadian Forces. Sometimes it can be difficult. That is something to think about, because it is a whole other world.

It is worth taking a moment to talk about this. I talk about it often with people at the Canadian Legion in Laval, which is in my riding. For example, I have coffee with Jocelyn and Marcel, who served in the Canadian Forces. Some people have never been members of the Canadian Forces, but have a great deal of respect for our military personnel and want to give of their time to them. When they return to their communities, our military men and women try to help out civilians.

For example, at the beginning of the year, Marcel from my riding went over the 500 mark for blood donations. This is very important to him, and he continues to donate blood every two weeks. These people always go above and beyond, and we owe them a great deal of respect. We have to do things the right way for them, especially when it comes to a bill about very important issues such as summary trials, which most of my colleagues have spoken about in the House.

The first thing that struck me was the fact that not all the recommendations in the Lamer report were included, as my colleague just mentioned. The report contained 88 recommendations. From what I understand, the number of recommendations accepted by the government will increase from 27 to 43. Thus, 29 recommendations are already in place and a total of 43 recommendations will be accepted.

After all the work that was put into this report, why not accept all 88 recommendations? I am not an expert, but I did look over the recommendations. I really wonder why the government did not accept more. I would like to have the opportunity to ask some of the members opposite, if they speak to the bill, if there is a particular reason why more recommendations were not accepted.

We are pleased that several recommendations were included, but we feel that they do not go far enough.

I feel that Bill C-15 lacks balance because the reforms it proposes are a travesty of justice.

By that, I am referring to summary trials, which I mentioned earlier and my colleagues discussed at length. I expressed my concern about how people could easily end up with a criminal record, which is both troubling and hard to believe because these men and women give their time and, in some cases, many years of service.

It is appalling to see that a criminal record could be so easy to get. Moreover, summary trials are not transcribed. That worries me because the accused cannot appeal. I am concerned that this violates the rights of the men and women who go through a summary trial, because the proceedings are not transcribed and the individual has no recourse.

In the civilian world, accused persons can appeal. I do not understand why people who are members of the Canadian Forces cannot. Somebody on the other side should clarify this matter for me and tell me why things should be this way. I do not see why people in the armed forces should not have the same rights. These people sacrifice everything in service to their country, so why should they not have the right to appeal?

I think that this is a serious flaw. Perhaps the bill was drafted too quickly or the government did not give it enough thought. Are the Conservatives really serious about putting this bill before the House? Honestly, I have my doubts.

This morning, many members talked about studying this bill in committee.

I have a great deal of respect for our parliamentary institutions, and I believe that every parliamentarian tries to do good work in committee. However, it can be extremely difficult to suggest amendments in committee and discuss them properly because there is rarely enough time to talk about all of the bills.

I am currently a member of the Standing Committee on Public Safety, but I used to be a member of the Standing Committee on Fisheries and Oceans, and I served as a substitute member for several committees. We often hear the same line over and over and see the same kind of thing in how committees operate. I do not wish to minimize the importance of Bill C-15, but I do have some doubts about how the bill will be examined in committee.

I have faith in my colleagues, regardless of their party affiliation. I know they will ensure a job well done. However, if this bill makes it to committee—which is likely, since the government has a majority—I want to be sure that all of my colleagues will take the examination of this bill very seriously.

After hearing from witnesses, committee members will propose amendments in order to ensure that Bill C-15 is as fair as possible when this government passes it. I simply want to be sure that this will be taken seriously. It is our duty as parliamentarians to introduce the best legislation possible. Unfortunately, this bill contains a number of flaws, as pointed out by many people who are not members of the official opposition.

For instance, Colonel Drapeau, a retired Canadian Forces colonel, said that the issue of summary trials needs to be reviewed. Personally, I think we need to listen to those who are asking us to review our procedures, such as the British Columbia Civil Liberties Association and Mr. Drapeau. These people have experience that others probably do not have. I will trust our parliamentary system.

However, because of the flaws that appear in Bill C-15, I have no choice but to vote against it and explore in greater detail why more recommendations from the Lamer report were not included in the bill.

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

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

I will simply say that when it examined Bill C-41, the committee accepted a number of very important amendments to improve the bill and bring it in line with the recommendations made by Justice Lamer. Unfortunately, Bill C-15 does not contain all of the amendments that were passed when the committee examined Bill C-41. That is a major flaw.

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

Mr. Speaker, Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, proposes a series of measures to enhance the military justice system. This bill is a legislative response to some of the recommendations made by Justice Lamer in 2003 following his review of the National Defence Act and to recommendations made by the Standing Senate Committee on Legal and Constitutional Affairs six years later. Of Justice Lamer's 88 recommendations, Bill C-15 takes just 28 into account. Sixty recommendations were not included in the bill that the Conservatives introduced in response to the key concerns raised by the Lamer report on national defence.

In its current incarnation, the bill resembles previous national defence and military justice reform bills introduced in the House, such as Bill C-7 and Bill C-45, which died on the order paper when Parliament was prorogued in 2007 and when the election was called in 2008.

The following year, in July 2008, Bill C-60 proposed a simplified courts martial structure and set out a precise method for choosing a type of court martial that would harmonize well with Canada's civilian justice system. It was introduced and debated in the House before being referred to the Senate committee that studies legal and constitutional affairs. After a painstaking review of the bill, the Senate committee made nine recommendations for changes to the National Defence Act.

Later, in 2010, Bill C-41 was introduced in the House of Commons. The main purpose of the bill was to address the key recommendations that Justice Lamer made in 2003 and that the Standing Senate Committee on Legal and Constitutional Affairs made in 2009.

Bill C-41 included provisions to reform the military justice system in the areas of sentencing, judges and military committees, summary trials, court martial panels and the Canadian Forces provost marshal. Further provisions proposed changes to the Military Police Complaints Commission.

The bill before us today, Bill C-15, is similar to Bill C-41, which was introduced by the Senate committee in the previous Parliament. It provides, among other things, greater latitude regarding the sentencing process and additional sentencing options, such as absolute discharges, intermittent sentences and restitution. It modifies the composition of a court martial panel according to the rank of the accused person, and the limitation period applicable to summary trials. It also allows an accused person to waive the limitation periods. In addition, the bill sets out the Canadian Forces provost marshal's responsibilities.

As the NDP members who spoke before me pointed out, our party believes that the bill is a step in the right direction to bring the military justice system more in line with the civilian justice system. Unfortunately, it fails to address the fundamental issues that a serious military justice reform must tackle, including summary trials, grievances and measures that should be contemplated to strengthen the Complaints Commission.

Because it is silent on these substantive issues, Bill C-15 seems from the outset to be unfinished business that has not been given proper consideration.

During the debates on previous bills dealing with National Defence reform, relevant amendments were proposed and adopted at committee stage at the end of the last parliamentary session. We are sorry to see that these amendments were not even taken into consideration in Bill C-15 as it now stands.

The amendments proposed by the NDP included changes to the powers of the Chief of the Defence Staff in the grievance process, which stems directly from a recommendation made in the Lamer report, changes to the composition of the grievance committee so that 60% of its members would be civilians, and a provision to ensure that a person found guilty of an offence during a summary trial would not unfairly be given a criminal record. The Conservatives rejected all of these amendments.

The NDP has long supported a necessary update of the military justice system, but not at any cost. We, New Democrats, think that members of the Canadian Forces are subject to extremely high disciplinary standards. Therefore, they deserve a justice system governed by similar standards.

Many Canadians would be shocked to learn that the people who have served our country with such valour can have a criminal record under a system that does not have the procedural regularity that is ordinarily required in the civilian criminal courts.

The NDP will firmly oppose Bill C-15 at second reading as long as measures have not been adopted to improve it throughout. New Democrats will continue to fight to make the Canadian military justice system fair for the men and women in uniform who have risked their lives in the service of Canada.

That said, the weaknesses and flaws in this bill mean that we cannot support it. The following are some of the weaknesses in the bill that make it impossible for New Democrats to agree to it.

Let us talk about the reform of the summary trial system. The amendments in Bill C-15 do not adequately address the injustice of summary trials. At present, a conviction in a summary trial in the Canadian Forces means that a criminal record is created. When summary trials are held, accused persons are unable to consult counsel. There is no appeal and there is no transcript of the trial. In addition, the judge is the accused’s commanding officer. This is too harsh for some members of the Canadian Forces who are convicted of minor offences. Those minor offences include insubordination, quarrels, misconduct and absence without leave. This is undoubtedly very important for military discipline, but it does not call for a criminal record.

Bill C-15 provides an exemption so that certain offences, if there is a minor sentence determined by the act or a fine of less than $500, will no longer lead to a criminal record. This is one of the positive aspects of this bill. We think this bill does not go far enough.

Last March, at committee stage, the amendments to Bill C-41 proposed by the NDP called for the list of offences that could be considered to be minor, and not merit a criminal record if a minor sentence were imposed for the offence in question, to be increased to 27 from five.

This was an important step forward for summary trials. However, that amendment was not retained in Bill C-15 and we want it to be included again.

A criminal record can make life after a person’s military career very difficult. With a criminal record, getting a job can be a thing of the past, and renting an apartment and travelling can be very difficult. Many Canadians would be shocked to learn that members of the military who have served our country so courageously can have a criminal record because of flaws in the military justice system.

Let us talk about reforming the grievance system. At this time, the grievance committee does not allow for external review. Retired employees of the Canadian Forces, some of them very recent retirees, sit on the committee. If the Canadian Forces Grievance Board is to be seen as an external, independent civilian body, as it should be, the appointment process needs to be amended to reflect that. This committee should therefore be composed, in part, of civilian members.

The NDP amendment suggests that at least 60% of the grievance committee members must never have been officers or members of the Canadian Forces. The amendment was adopted in March 2011, for Bill C-41, but it was not incorporated into Bill C-15. It is important that this amendment be included again.

Let us talk about the authority of the Chief of Defence Staff in the grievance process. One of the major weaknesses of the military grievance system is that, contrary to a recommendation in the Lamer report, the Chief of Defence Staff lacks the authority to resolve the financial aspects of grievances. Although the defence minister approved the recommendation, no concrete action has been taken in the past eight years to implement it. The NDP proposed an amendment to this effect when Bill C-41 was at the committee stage. Although this amendment passed in March 2011, it was not retained in Bill C-15. The NDP will fight to have it put back in.

Let us talk about strengthening the Military Police Complaints Commission. Bill C-15 amends the National Defence Act to establish a timeline in which the Canadian Forces provost marshal will be required to resolve complaints and protect complainants from being penalized for submitting a complaint in good faith. The NDP believes that more needs to be done to strengthen the commission.

Retired Colonel Michel W. Drapeau is an expert in military law. Here is what he had to say before the Standing Committee on National Defence on February 28, 2011.

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.

It is up to the Conservatives to explain to the House why the relevant recommendations that were agreed to during the debate on Bill C-41 have not been incorporated into this bill.

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

Mr. Speaker, it is a pleasure and an honour for me to rise in the House today to talk about Bill C-15.

In essence, the purpose of this bill is to enhance and reform the military justice system. Previous parliaments have attempted to come up with similar bills. Despite all of the work done in committee, where all parties agreed to amendments, here we have a bill that, unfortunately, does not go far enough and does not include all of the recommendations that were made. We must oppose it. The government is refusing to work with the opposition parties to come up with a bill that will really be good for the military justice system and, more importantly, military personnel.

As the representative for the riding of Brossard—La Prairie, I have had the honour of meeting many former members of the armed forces and current members who are making sacrifices for their country. I truly admire these people. Often, they are deployed to places where many of us would never dare to go. They do incredible work and make enormous sacrifices. We are asking the government to help them. But the government does not really seem interested in supporting veterans.

In the case of the government forcing veterans to live on less when it decided to claw back veterans' benefits, the veterans actually had to go to court and expend a lot in terms of money and stress when the government on its part could have acted.

We had to wait for the Federal Court to render a decision in favour of veterans saying that what the government did was unfair.

The government is talking out of both sides of its mouth. It says that it supports soldiers. It sends them on missions that Canadians do not always agree with, as we can clearly see in the case of Afghanistan. I am very proud to be a member of a party that is opposed to military intervention in that country.

Let us come back to Bill C-15. My colleagues have already mentioned that the way this bill is written poses a problem for the reform of the summary trial system. The members opposite have had a lot to say about it.

I would like to briefly explain what a summary trial is. When a soldier commits an offence, there is a summary trial. There is no legal counsel present and no transcript of the proceedings. The soldier may also end up with a criminal record. I will come back to that a little later.

Summary trials have no appeal mechanism. The judge is the accused's commanding officer, which is a significant conflict of interest. From a purely legal perspective, this type of trial is not valid. When soldiers undergo a summary trial, they do not have the right to receive legal counsel to defend themselves. They are therefore at a clear disadvantage, which is unacceptable.

A criminal record has fairly serious consequences. Soldiers can end up with criminal records as a result of reprimands. We understand that, in the military system, it is important that there be discipline and that soldiers follow certain rules. However, when soldiers become veterans and return to civil society with a criminal record, there are consequences for them. I think that is a problem. What are these reprimands for? Soldiers can be reprimanded for insubordination, misconduct, absence without leave and drunkenness.

We are also talking about disobeying an order. We can see that this goes too far in some of these cases. Think about this: an individual who has served Canada and who has sacrificed himself or herself would be given a criminal record. The Conservatives keep saying that we must trust and value our military members. However, if they truly believe that, then why give military members a criminal record when they return to civilian society? What does it mean to have a criminal record? It can prevent you from working, from travelling outside Canada, and it can cause you problems every day, when you try to sign a lease, for example. Some problems are really more serious. That is why we asked the government to pay attention to that.

The NDP made a number of specific proposals when this was studied by the Standing Committee on National Defence during the last Parliament. We suggested 27 “cases” in which a criminal record was unnecessary. A penalty might be necessary, no doubt a stiff penalty, but not a criminal record.

The Parliamentary Secretary to the Minister of National Defence will say that amendments were proposed by the government, but we do not understand why the government has not done its job. This was discussed during a previous Parliament. Does this mean that the government does not respect what was previously done, the discussions, the debates and the recommendations made by the Canadian Forces? Does that mean nothing because they suddenly won a majority? Does nothing that is in the best interests of Canadians and veterans count any more because they have a majority? What counts now is their take on things.

We in the NDP understand that the system must be reformed, but it is a problem when they do not listen to what has been proposed and debated. The former chief justice of the Supreme Court of Canada, the Right Hon. Antonio Lamer, made recommendations in his report. Of his 88 recommendations, only 28 were retained. Why does this Conservative government always refuse to listen to what people have to say when solutions are proposed?

I have previously discussed the government's truly unacceptable attitude toward what veterans and the Canadian Forces request. This government does what it wants and does not listen to what people have to say. And we in the official opposition have a duty to promote these discussions. That is why we are debating this bill, which is imperfect. We understand the government's intention: it wants to reform the system. We agree with the government, but we believe this does not go far enough.

Let us look at the conflicts of interest in the grievance system. This is the situation if you have a grievance. The grievance review committee consists of retired members of the Canadian Forces. However, there may be some doubt about the impartiality and objectivity of certain committee members. Members may include commanders, for example. What we are seeking, and what the NDP proposed, in the way of specific solutions that could improve the system and that were proposed during a previous Parliament, is a slightly more civilian system, one in which 60% of committee members are civilians.

In that way we ensure that, when a grievance arises, the individual who says he or she has a problem is not punished, the process is a little more transparent, and there is less of a conflict of interest, which makes it possible to consider the matter.

Once again, our aim is really to help military members, those people who, in certain cases, must forge ahead. We respect that, but the government must respect what the opposition requests, but especially what veterans, the Canadian forces and the public request.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I am very pleased to rise today to discuss Bill C-15.

By way of introduction, it is worth noting that, as members of the House of Commons, we not only have the great honour of representing Canadians, we also have the opportunity to learn a little more about matters under federal jurisdiction that were perhaps addressed in previous parliaments, but that, for one reason or another, we are not familiar with.

For me, military justice is one such matter. I am no expert when it comes to this issue. However, since I now have the opportunity to discuss it, I did my research. I tried to look at what other Parliaments have done. It became clear to me, when reading the 2003 Lamer report, that reform is necessary. Anyone who has studied the recommendations therein can see that a lot of work was done and that much progress was made in the context of the previous Bill C-41. It is apparent now, however, when considering Bill C-15, that a lot of work was unfortunately done for nought. There is no other way of putting it.

I will speak about this work and the reason why a lot of it has gone by the wayside. To begin with, one of the best opportunities for a member of Parliament to speak about a bill or an issue is to take part in the work of committees. It gives us an opportunity to discuss issues with witnesses, who are often experts in their respective subject areas. At the end of the day, we cannot be experts in everything. Asking witnesses questions and listening to their testimony is an extremely important exercise in our legislative and democratic process. We also have the opportunity to carry out clause-by-clause consideration of different bills and to propose amendments.

Clearly, the party in power enjoys a majority in the House. When there was a minority government, however, the work of committees held more sway. That is certainly what we are increasingly witnessing today as we see the government attempt to take away committees’ power. But that is another debate for another day.

Having said that, several amendments were proposed at the time—in February 2011, unless I am mistaken—at the Standing Committee on National Defence. These amendments were passed by all parties. It must be understood that committees represent all elected representatives and parties. The committee, therefore, made amendments that were in line with the most important recommendations in the Lamer report. This was done in an effort to reform the military justice system.

Some of the amendments to Bill C-15, which is before us today, have been scrapped and others retained. I am asking myself the same question that I just asked of my colleague, the member for Laurier-Sainte-Marie. Unfortunately, given the dearth of speakers on the government side, I will not have an opportunity to ask the government this question. I nevertheless wonder why—after being proposed democratically in committee, where the bulk of the work in our parliament was done on this—certain amendments to the bill were retained and others scrapped.

After a bill legally dies on the order paper, there is no obligation to keep the previously adopted amendments when the same bill is presented in another form. Nevertheless, as a democratic and moral principle, and as matter of principle in general, one wonders why the government did not decide to keep these amendments in place, especially since they were not of a partisan nature, and were in line with the ideas put forward in the recommendations of the 2003 Lamer report.

Allow me to speak to a number of these recommendations. After all, the amendments that were not included in the bill in its current form are, unfortunately, reason enough for the NDP to oppose this bill. One of the most important questions concerns summary trials. All citizens of law-based societies such as ours want a balanced system of justice that affords citizens protection.

That said, it is important to understand that the system that exists within the military is not exactly the same. That is precisely why the necessary reforms are meant to bring the military justice system more in line with the civilian justice system. We want to bring these systems more in line with one another to ensure that the members of our armed forces enjoy adequate legal protection, since they deserve our utmost respect, for reasons that I do not need to repeat here. We know the importance of the sacrifices they make. They do incredible work for our society. It is important that they have adequate legal protection.

When we look at summary trials, one particular aspect is extremely problematic. A number of my colleagues have talked about this aspect, the fact that people can be saddled with a criminal record for violating military regulations. In normal proceedings, such behaviour, while certainly unacceptable, would not be sufficient reason to burden someone with a criminal record.

It is important to maintain discipline within the armed forces. We understand that it is important for commanders who make the decisions in these cases to maintain discipline. We are not saying that any of the regulations themselves should change. The penalties must be strict enough to ensure that offenders understand the seriousness of their mistakes. At the same time, however, we must not saddle them with judicial baggage that will stay with them for the rest of their lives.

All of the members of this House understand how careful we need to be about burdening people with a criminal record, because it will stay with them forever. It will follow them everywhere—when looking for a job, when signing a lease, basically, it affects all aspects of everyday life. Such measures could force someone into a precarious situation.

I am being very careful. I really want to be clear that we are talking about minor transgressions. We know that people who commit serious crimes deserve a criminal record. We realize this and we obey the laws of our society. We respect the fact that the punishment should fit the crime. However, we really are talking about transgressions that do not warrant a criminal record. When we take a look at this process, what is really problematic is that summary trials are often overseen by a commanding officer who, for understandable reasons that I mentioned earlier, wants to instill discipline in the armed forces. This sense of discipline is so very important in our traditions and also in the work of the men and women of our Canadian Forces.

When we realize that the commanding officer, understandably, may not really be interested in the concerns pertaining to criminal records, we have to bring clarity to the regulations. I believe that this must be one of the reforms we have to make. One of the amendments that we proposed was establishing a more complete list of the circumstances where a criminal record is, or is not, warranted.

In closing, I would like to make one last very important point. One thing dropped from this bill is the composition of the grievance committee.

I would like to make a comparison. In the United States, the founding fathers ensured that the commander in chief, or the U.S. president, is a civilian, not a member of the army. The objective was to balance the importance of a hierarchy within the armed forces and also within civilian society. Another recommendation we hoped would be adopted was that civilians make up 60% of the committee membership. That is another important measure that is unfortunately not in this bill.

Unfortunately, my time has expired and I will not be able to go through the list. However, I am certain that I will have the opportunity to do so during questions and comments.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, the Conservatives really have trouble with happy mediums and balanced approaches. One place where this is obvious is in the area of foreign policy, but we also see it in legislation. Just this week, we have again been presented with a mammoth bill that covers pretty much everything but the kitchen sink. And yet on a subject as important as military justice and the rights of the men and women who defend our country, the Conservatives have brought forth a mouse. I think there is room, somewhere between the mammoth and the mouse, for legislation that is a little more worthwhile.

In 2003, as we know, Justice Lamer submitted his report on the independent review of the National Defence Act. He made 88 recommendations relating to military justice, the Complaints Commission, the grievance procedure and the Canadian Forces provost marshal. We are talking about 88 recommendations. And here we are with a bill that covers only 28 of those recommendations. Once again, this is the approach the Conservatives always take: to pick and choose only the things and the testimony that suit them.

A lot of things are missing in this bill and I will not address them all, since that would take too long. However, I am going to focus on one aspect in particular where the bill does not go far enough: summary trials and the mark they leave on the lives of soldiers, in the form of a criminal record, even after they return to civilian life.

We know that a summary trial can be debatable. It is a judgment dealing with matters that can be as trivial as a quarrel or absence without leave. It may relate to misconduct, insubordination, and so on. But the point is this: someone can be convicted of a relatively minor offence and end up with a criminal record for the rest of their life. This is particularly troubling when the accused in a summary trial cannot be represented by counsel and cannot appeal. There is no transcript and the judge is too often, and very often, the accused’s commanding officer. In other words, the people who defend our rights and freedoms are not entitled to the protections under the Charter of Rights and Freedoms at summary trials. If this were merely a question of internal military discipline, we could always debate it, but the problem is that summary trials leave indelible marks on people’s lives in the form of criminal records.

We recognize that the bill makes a vague attempt to remedy the situation. However, it really does not go far enough. It proposes that five offences be considered minor and not result in a criminal record. That is all well and good for the offences in question—and I will not continue to harp on it—but much more could be done. In fact, Bill C-41, Bill C-15's predecessor in the last Parliament, was debated in committee and amended to expand the list of offences and the types of sentences that would not result in a criminal record. I do not know why the Conservatives did not keep this amendment.

What we want is to expand the list of offences from 5 to 27, and the committee already agreed to this. It is so important. As retired Colonel Michel Drapeau, an expert on military justice, said:

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 we, 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.

We must stand up for and respect our soldiers. As Colonel Drapeau went on to say, “From where I stand, I find it very odd that those who put their lives at risk to protect the rights of Canadians are themselves deprived of some of those charter rights when facing a summary trial.”

Why should the consequences of relatively minor offences related to military discipline extend into the civilian lives of our men and women in uniform? Once again, we are not the ones saying this. I would like to quote the British Columbia Civil Liberties Association.

“Presiding officers in summary trials...are military officers...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.”

In short, we have a system that is not working and that needs to be reformed. This bill clearly does not go far enough to do that. Furthermore, in terms of reforming the system, our greatest allies—Great Britain, Australia and New Zealand—have changed their systems.

Our soldiers often participate in joint missions with the soldiers from those countries and are able to see first-hand the injustice that is being done to them, an injustice that this Parliament must agree to remedy today.

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

Mr. Speaker, I would like to congratulate my hon. colleague on her remarks. She mentioned that the United Kingdom, Australia, New Zealand and other countries have decided to change their summary trial process.

That begs the question. We are debating Bill C-15. Why did the government wait so long before coming back to these issues?

[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, 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.

[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.

[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.

[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.

[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 right 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.

[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, 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. Bill C-15 amends the National Defence Act to strengthen and alter military justice following the 2003 report of the former chief justice of the Supreme Court, the right hon. Antonio Lamer, and the May 2009 report of the Senate Standing Committee on Legal and Constitutional Affairs.

Among other things, the bill would provide greater flexibility in the sentencing process and additional sentencing options, including absolute discharges, intermittent sentences and restitution. It would modify the composition of a court martial panel according to the rank of the accused person and modify the limitation period applicable to summary trials. It would also allow an accused person to waive the limitation periods. The bill would clarify the responsibilities of the Canadian Forces provost marshal and, finally, it would make amendments to the delegation of the Chief of Defence Staff powers as the final authority in the grievance process.

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 a number of required aspects of the military justice system, including the summary trial system, the grievance system and the Military Police Complaints Commission.

I will provide some background. In 2003, the right hon. Antonio Lamer, former chief justice of the Supreme Court of Canada, presented his report to the independent review of the National Defence Act. The Lamer report contained 88 recommendations pertaining to military justice, the Military Police Complaints Commission, the grievance process and the provost marshal. Bill C-15 is the legislative response to these recommendations, but thus far only 28 of those recommendations have been implemented in legislation, regulations or via changes in practice.

This bill has appeared in earlier forms. First, Bills C-7 and C-45 died on the order paper due to prorogation by the Conservative government in 2007 and an election in 2008. In July 2008, Bill C-60 came into force simplifying the structure of the court martial system and establishing a method, which was more closely aligned with the civilian system, for choosing the type of court martial. In 2009, the Senate committee consider Bill C-60 and provided nine recommendations for amendments to the National Defence Act. In 2010, Bill C-41 was introduced to respond to the 2003 Lamer report and the Senate committee report. It outlined provisions related to military justice, such as sentencing reform, military judges and committees, summary trials, court martial panels, the provost marshal and limited provisions related to the grievance process and the Military Police Complaints Commission.

In essence, Bill C-15 is similar to the version of Bill C-41 that came out of committee in the previous Parliament. There are a number of amendments that carry over, which include the court martial composition, military judges' security of tenure and provisions relating to the appointment process and the age of judges. However, other important amendments that passed at committee stage at the end of the last parliamentary session are not included in Bill C-15. These include the following, which were also presented by the New Democrats as amendments to that piece of legislation.

What is missing from this bill is the authority of the Chief of Defence Staff in the grievance process, which responds directly to Justice Lamer's recommendation; changes to the composition of the grievance committee to include a 60% civilian membership; and finally, a provision to ensure that a person who is convicted of an offence during the summary trial is not unfairly subjected to a criminal record. It is this last point that causes particular concern to all Canadians who care about the justice system in this country.

There are many important reforms in this bill and the NDP supports the long overdue update to the military justice system. Members of the Canadian Forces are held to an extremely high standard of discipline and they, in turn, deserve a judicial system that is held to a comparable standard. The NDP will be opposing this bill at second reading. However, there are shortcomings in this bill that we hope can be addressed at the committee stage if, in fact, it gets that far. Here are some of the amendments that we hope to see passed.

The amendments in Bill C-15 do not adequately address the unfairness of summary trials. Currently, a conviction of a service offence from a summary trial in the Canadian Forces may result in a criminal record. Summary trials, though, are held without the ability of the accused to consult counsel. There are no appeals or transcripts of the so-called trial, and the judge is the accused person's commanding officer. This causes undue harshness on certain members of the Canadian Forces who can be, and are, convicted of very minor service offences, offences that would not otherwise be criminal offences.

For example, some of these minor service offences include insubordination, quarrels, disturbances, absence without leave, drunkenness and disobeying a lawful command. These could be matters that are extremely important to military discipline, but they are not necessarily worthy of a criminal record. Certainly drunkenness is not a criminal offence, and many members of the House would probably attest to that.

Bill C-15 also makes an exemption for a select number of offences if 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, in our opinion, go far enough.

At committee stage last March, the NDP amendments to Bill C-41 were carried to expand this list of offences that could be considered minor and not necessarily worthy of a criminal record. We would increase that number from five specified offences to 27, if the offence in question received a minor punishment.

The amendment also extended the list of punishments that may be imposed by a tribunal without an offender incurring a criminal record, such as a severe reprimand, a reprimand on its own, a fine equal up to one month's basic pay or another minor punishment.

This was a major step forward for summary trials. However, this amendment was not retained in Bill C-15, and we want to see it included here.

We also believe it is important to reform the grievance system because at present the grievance committee does not provide a means of external review. Currently it is staffed entirely of retired Canadian Forces officers, some only relatively recently retired. If the Canadian Forces Grievance Board is to be perceived as an external and independent oversight civilian body, as it was designed to be, then the appointment process needs to be amended to reflect that reality. Thus, some members of the board should be drawn from civil society.

The NDP amendment provides that at least 60% of the grievance committee members must never have been an officer or a non-commissioned member of the Canadian Forces. Again, this amendment was passed in March 2011 in Bill C-41 but was not retained in the bill before the House. We think it is important to see that amendment retained in the bill.

Finally, the NDP believes we must strengthen the Military Police Complaints Commission. The bill amends the National Defence Act to establish a timeline within which the Canadian Forces provost marshal would be required to resolve conduct complaints as well as to protect complainants from being penalized for submitting a complaint in good faith. Although a step forward, the NDP believes that more needs to be done to empower this commission.

Care has not been taken to provide the Military Police Complaints Commission with the required legislative provisions empowering it to act as an oversight body. This commission must be empowered by a legislative provision that will allow it to rightfully investigate and report to Parliament.

Let us talk about what some independent people have said about the bill. I want to quote Colonel Michel Drapeau, a retired colonel from the Canadian Forces and a military law expert. Here is what he said in February 2011:

I strongly believe that the summary trial issue must be addressed.... 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.

Colonel Drapeau also said:

—I find it very odd that those who put their lives at risk to protect the rights of Canadians are themselves deprived of some of those charter rights when facing a summary trial. If Britain, Australia, New Zealand, and Ireland have seen fit to change the summary trial system, it begs the question: why is Canada lagging behind?

I believe all members of the House want to see members of the Canadian Forces guaranteed the very charter rights that we send them into harm's way to fight for on our behalf. One part of those rights is that when people face potential criminal sanctions, they have a right to counsel. They have a right to a judge that is independent. They have a right to transcripts and a meaningful right to appeal. Bill C-15 does not allow this and I urge all members of the House to work on this bill to address those serious problems.