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 bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 1, 2013 Passed That the Bill be now read a third time and do pass.
Dec. 12, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on National Defence.
Dec. 12, 2012 Passed That this question be now put.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 12:45 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I cannot comment on whether the hon. member is fit for a military career. I can comment on whether he is fit for a hockey career, and certainly on that score, the Montreal Canadiens could use his shooting skills, but possibly not his skating skills.

The hon. member's party voted against Bill C-15 at second reading. It submitted 22 amendments, all of which were defeated, filibustered the bill and voted against the bill at committee. Now members have made quite a number of half-hearted speeches.

I actually agree with the content of the hon. member's speech. I do not quite understand how, after voting for all of this period of time and speaking against the bill, and in some instances quite eloquently, they have now decided to support the bill.

I wonder if he could enlighten us as to their thinking.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 12:45 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank the hon. member for his kind words regarding my skills. For the record, I do not plan on embarking upon any new careers. For the time being, I will focus on my work here and dedicate my time to trying to foil the defence.

That said, we certainly worked very hard on this bill, particularly at the committee stage, where we presented 22 amendments and five subamendments, and we managed to score a victory.

The issue of criminal records is something that we are extremely concerned about. We have been talking about it since the very beginning of the process, even before Bill C-15 came along, but we voted against the bill at the time. Now, however, after examining the bill in committee, we scored a victory. We were as fair as possible and we managed to work hard to achieve this success.

My speech focused on the less positive aspects, but generally speaking, the bill is a step in the right direction.

We hope that Parliament will not wait another 10 or 15 years before reviewing military justice again, for that is how long it took this time. If any changes need to be made in the future, because someone sees something wrong, we hope those changes will be made as quickly as possible.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 12:50 p.m.


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NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I am pleased to speak to Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts. This is the second time I have spoken about this bill, because I made another speech during second reading.

It is a privilege to speak to this bill even though, as we have seen today, the other parties seem to think we should be cutting debate short. They are saying that we should not take the time to discuss it since everyone is in favour.

I believe it is important to talk about it, however, so that my constituents will understand what we are voting for and so that I can explain why the NDP voted against the bill at second reading and why we are voting for it now.

Many of my colleagues have said that they have reserve units in their riding. Unfortunately, there are none in my riding; however, many of my friends, acquaintances and family members serve in the Canadian Armed Forces, and I would like to say hello to them today. I would also like to acknowledge the three Legions in my region because I think that the work they do is very important, even though they fall under a different department. I am talking about the Legions in Notre-Dame-de-Grâce, Lachine and Dorval.

I would like to give some background on this bill. In 2003, the former chief justice of the Supreme Court, Mr. Lamer, issued his report, which contained 88 recommendations and resulted in the current bill. In May 2009, the Standing Senate Committee on Legal and Constitutional Affairs also tabled a report, and on October 7, 2011, the first version of this bill was introduced.

What does this bill do? Basically, it provides for greater flexibility in sentencing. This means additional sentencing options including absolute discharges, intermittent sentences and restitution orders. It modifies the limitation period applicable to summary trials. It sets out the Canadian Forces Provost Marshal's duties and functions. Finally, it amends the delegation of the Chief of the Defence Staff's powers as the final authority in the grievance process.

Today, I will focus on two points, but first, as my colleagues pointed out, I want to say that we will support this bill even though it was a long process. Things happened bit by bit. The minister should have been working on this for the past 10 years. Still, none of this should come as any surprise considering what the minister has done so far. The minister made mistakes with respect to helicopters. He made mistakes in the fiasco involving soldiers in Afghanistan, where some soldiers were paid more than others because of danger pay. Who could forget the F-35 fiasco and the millions of dollars spent on advertising? Clearly, the minister is incompetent, but at least we have a bill that is good enough for us to support.

The reform did not happen fast enough, but we will work with what we have.

We have agreed to vote in favour of this bill because the committee passed an amendment concerning criminal records that was very important to us. That was the focus of my speech at second reading. Under some circumstances, soldiers who committed certain minor offences could end up with a criminal record. A criminal record can close a lot of doors in a person's life. Consider travel. It can be harder to travel to certain countries if one has a criminal record. Some employers want to know whether a potential employee has a criminal record.

I know that soldiers, members of the Canadian Armed Forces, represent rectitude, that they should be role models for everyone and that they should always do the right thing. However, when I see the minor offences that could result in a criminal record, that seems pretty heavy to me.

I am glad that provision was withdrawn. I would like to talk briefly about how that happened. In committee, we proposed 22 amendments and five subamendments. The Liberals did not propose any, and the Conservatives proposed two. The amendments often overlapped, but at second reading, most of my colleagues emphasized their concerns about the issue of criminal records. By the end of the committee stage, we managed to resolve the problem. This is also an excellent example of co-operation, of a bill that can make its way through the legislative process, referred from the House of Commons to a committee and then sent back to the House, while being amended to ensure that all parties can support it.

Unfortunately, we do not see this very often in this Parliament. When I was first elected, I was extremely disappointed to see how hard it is—especially in the current political context of a majority government—to have our voices heard, to share our point of view and move bills forward in the right direction. We want to represent all Canadians. If the government constantly shuts down all debate and ignores others' comments, we are not going to get very far. I would therefore like to thank the government for listening to us—this time—and for supporting our amendment. That is what happened at committee in March.

The second thing I wanted to talk about, which some of my colleagues have already mentioned, is how summary trials work. I would like to read what the Department of National Defence website says about summary trials:

The purpose of summary proceedings is to provide prompt but fair justice in respect of minor service offences and to contribute to the maintenance of military discipline and efficiency, in Canada and abroad, in time of peace or armed conflict.

Summary trials are a very important part of military justice. They were put in place because they work well in the military justice system. One aspect of the bill that I find interesting concerns changes to the duration of summary trials. That is very important. As we mentioned, if we want members of the Canadian Armed Forces to have fair trials for minor offences, the trials cannot be rushed, as my colleague said. If we speed through trials, and people do not have the time to defend themselves properly or to fully present their arguments, the trials will not be as meaningful and may not get to the bottom of things. Therefore, it is very important that we improve this system in order to ensure that it works better and is more fair and just, one of the first things mentioned on our website.

Several elements of the LeSage report were included in the bill. We would have liked a more direct legislative response. The report was submitted to the government in December 2011. It was tabled and presented to the House on June 8, 2012. There was a six-month interval. I really mean it when I say that the reforms are piecemeal. We would have appreciated a more direct legislative response. I understand that the bill refers to the report, but we could have done more.

In closing, I want to quote at least two people who support our position. I will only quote one as I have little time left. At least two people supported our position.

I am referring to Glenn Stannard, chair of the Military Police Complaints Commission, a key player. In February, he said:

As far as the commission is aware, there have been no problems with the accountability framework that justify its revocation at this time, and proposed subsection 18.5(3) runs counter to...

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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The Acting Speaker Barry Devolin

The hon. member for Sherbrooke has the floor for questions and comments.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I am even more pleased to have shared my time with the member for Notre-Dame-de-Grâce—Lachine because of her wonderful speech.

Still, I will ask her a question about a topic that she may not have had time to fully address. It has to do with protecting the rights of those serving in the Canadian Armed Forces.

What does the member think about those rights? Should they be protected? Should members of the Canadian Forces have the same rights as all other Canadians?

I would like to hear what she has to say about the rights of those who have agreed to serve our country in the Canadian Forces.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

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

There is no question that members of the Canadian Armed Forces should have the same rights as everyone else. I cannot disagree with that. I am also surprised to see how many people think that those serving Canada in the forces do so in conflict zones abroad. Actually, they also carry out many peace and humanitarian missions. I commend them for that.

Clearly, there is no question that their rights should be at least as good as the rights of every other Canadian.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Bill C-15 does not deal with the issue of rights for counsel for summary appeals. There is no right to an appeal. No transcript is kept. On the other hand, in other forms of justice systems that is allowed to take place. Could she provide an explanation as to why she does not believe those types of needs are good for our military personnel?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

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

I used the interpretation system and the question was not quite clear. Could I have an extra 30 seconds so that the member can repeat the question? It did not come through very well.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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The Acting Speaker Barry Devolin

Order, please. Apparently there was a problem with the translation. Is the translation of English to French working now?

Is the interpretation from French to English working as well?

Maybe the member for Winnipeg North could restate the question very quickly.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there are concerns in regard to the summary “appeals”, no right to counsel, no right to appeal, no transcript — or summary “trial”, sorry. Does the member believe that members of the Canadian Forces should have the same rights that would take place in civil courts?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1:05 p.m.


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NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I thank you for allowing my colleague from Winnipeg North to restate his question.

In fact, summary trials are specific to the military justice system. This system works for the forces. It was developed for the forces. If we want to revisit the fact that military personnel are not entitled to counsel or a transcript, perhaps we should consider the issue in greater depth. At this point, they are not entitled to those things. This is the way things are. Yes, military personnel are entitled to the same rights. Perhaps we should change things so that they can have access to counsel and have a transcript. However, I wanted to express the view that, if at least there were no longer any limitation period, this would be a step in the right direction.

Regarding the recommendations made by Justice LeSage, yes, there should have been a more comprehensive review of the reform package. As I have said on many occasions, things happened bit by bit, in a piecemeal fashion. Perhaps there should be a more comprehensive review in order to have a reform that covers all the issues. At that point, we could perhaps allow transcripts or change some of the procedures in summary trials.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is with pleasure that I rise to speak to Bill C-15. The other day I had the opportunity to say a few words prior to its coming to third reading. It is always a pleasure to share some thoughts and ideas and provide comments on the important issue of military justice versus civilian justice.

I would like to start off, as I have done in the past, by indicating that I had the privilege and honour of serving in the Canadian Forces for a number of years. I was posted to Edmonton. The Griesbach and Lancaster Park is located in Edmonton. The military jail is located in Griesbach. The jail was quickly pointed out to us. Fortunately I never had to use the facility other than to visit it. However, I have an interest in this area.

I have been trying to follow the debate today. The NDP has been all over the map on the issue. I came in this morning shortly after 10 o'clock when the debate had just started. The Minister of National Defence and the NDP House leader were here. It was if they were coming together, and it is not the first time. I instantly had a flashback to the anger moment when the leader of the official opposition was quite upset and the Minister of National Defence had to walk over and possibly prevented a fight because of the anger issue within the New Democratic Party—

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1:05 p.m.


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The Acting Speaker Barry Devolin

Order, please. The hon. member for Chicoutimi—Le Fjord is rising on a point of order.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1:05 p.m.


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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, perhaps I am mistaken, but I believe that the language used by my Liberal colleague is unworthy of his office. He should choose more appropriate words to describe what goes on in the House, so that he does not use language that is almost unparliamentary.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 30th, 2013 / 1:05 p.m.


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The Acting Speaker Barry Devolin

I was momentarily distracted and did not hear exactly what was said. However, I will use the opportunity to remind all hon. members to reference their colleagues with the respect they are due.

Resuming debate, the hon. member for Winnipeg North.