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. The Library of Parliament often publishes better independent summaries.

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

November 4th, 2011 / 1:05 p.m.
See context

Conservative

Diane Ablonczy Conservative Calgary Nose Hill, AB

moved that Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:05 p.m.
See context

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, first, I would like to remind the House that, although Bill C-16 was sent to committee, we could have moved forward much more quickly if the member for Richmond—Arthabaska had acted differently this morning. It is not up to him to decide who forced the Standing Committee on National Defence to examine these very urgent measures for the second time, something that is unnecessary. I think that all members in this House understand these measures and understand how this member wasted the time of the House and the Standing Committee on National Defence.

As I begin my remarks, I would like to congratulate those of our colleagues, the hon. member for St. John's East, the hon. member for Scarborough—Guildwood, and the hon. member for Hamilton Centre, who worked very hard with members on our side to develop a common approach.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:05 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I do not plan on making a habit of interrupting the parliamentary secretary. However, I must correct one thing: not one of the 308 members in this House is wasting anyone's time. Every member has the right to speak and to give their opinion. Obviously, some members are not happy with some decisions, for various reasons. Yesterday there was a decision that went against us and that we strongly disagreed with. We will get over it, and the parliamentary secretary should too and should not say that a member of the House is wasting the House's time.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:10 p.m.
See context

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, the member for Richmond—Arthabaska knows full well that he has drawn out the procedures and the debate on this issue. It had nothing to do with the substance of these matters, which are urgent for all members of the Canadian Armed Forces. We are ashamed for him. Even if—

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:10 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Order. Is the parliamentary secretary continuing with debate, or is he responding to the point of order?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:10 p.m.
See context

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, I am continuing debate, a debate that is urgent, on measures that have been before this House three times. This is the fourth time. It is important that members of this House understand the urgency of these measures and the level of consensus that has been reached by successive Parliaments on these measures. That is the reason for my remarks.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:10 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Order. The Chair appreciates the clarification and would be pleased if the hon. parliamentary secretary continued with his remarks regarding the matter before the House.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:10 p.m.
See context

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, as I was saying, we have had great collaboration from all three parties represented in this House.

I want to pay particular tribute to the three members I mentioned earlier. The member for St. John's East made a couple of remarks about the LeBlanc case which probably, if they were heard by members of the Canadian Forces, would have them regretting that he chose to pursue his legal career not in the Judge Advocate General's office but in civilian life. He clearly understands the importance of the system, the importance of a strong defence, the importance of independent judges and professionals at every level of the military justice system.

I thank the member for his clarity on the issues. I also thank his party and the Liberal Party for their constructive contribution to advancing these bills.

I rise now in support of Bill C-15 , the strengthening military justice in the defence of Canada bill, which concerns an important aspect of national defence, that of military justice in the broad sense.

Maintaining the integrity of the military justice system is the responsibility of government and should concern all Canadians. The military justice system is an essential tool to maintain the discipline, morale and operational effectiveness of the Canadian Forces.

Without such a system, our men and women in uniform would not be able to focus on their number one priority which is to protect the interests of Canada and Canadians.

For that reason, the government, the Supreme Court of Canada and even the Constitution recognized the importance of maintaining a robust military justice system.

This government also recognizes, as did Chief Justice Lamer in his 2003 report, that there is room for improvement. The principles and procedures of military courts martial and summary trials must remain consistent with Canadian values and the evolution of Canadian criminal law. After all, a legal system can only remain strong if it evolves alongside the society it serves. Otherwise, an outdated system could risk undermining not only the legitimacy of military law, but also the health and vitality of the forces themselves.

This government has tried three times since 2006 to introduce the necessary legislation to do so, but each bill has failed to progress as a result of the unpredictable nature of a minority Parliament. I do not think it is worth going into the details again of those stories from previous Parliaments.

In 1998, when the National Defence Act was last updated, an independent review of the act every five years was made mandatory. In the first review, in 2003—the member for Richmond—Arthabaska was right to mention that it was some time ago—Chief Justice Lamer made several important recommendations about how to improve the act.

These recommendations focused on the administration of military justice, the role of the Canadian Forces provost marshal, the head of the military police, and the system by which grievances of Canadian Forces members were addressed. All of these recommendations were studied in detail, both inside and outside the Canadian Forces and Department of National Defence. A wide range of stakeholders--civilian, military, government, non-government--were consulted and, as a result, this government brought forward legislation on two separate occasions to update the National Defence Act. Members know them well. They were Bill C-7 in 2006 and Bill C-45 in 2008, both of which, as we are aware, died on the order paper.

Then in 2008, the ruling of the Court Martial Appeal Court of Canada in the case of Regina v. Trépanier forced the government to introduce legislation on an urgent basis. In response, the government rapidly introduced a targeted bill, Bill C-60, to rectify this problem. Thanks to many hon. members still present, this legislation was passed by Parliament.

In 2010, the government once again tried to update the National Defence Act, this time by following up on recommendations from the Standing Senate Committee on Legal and Constitutional Affairs as well as the latest recommendations from Chief Justice Lamer.

That bill, Bill C-41, was introduced during the final session of the 40th Parliament and was both studied and reported on by the Senate committee.

Some of the amendments that were submitted by the Bloc and discussed in committee were included in Bill C-41.

However, that bill died with the dissolution of Parliament in March. Since that time, we have had the Court Martial Appeal Court ruling, already discussed today, which assessed the process by which military judges were appointed, currently on a five-year basis, and we started to deal with that issue with Bill C-16. However, that bill does not address other important amendments included in Bill C-15, a bill that aims to reinforce military justice by bringing the National Defence Act up to date. This is an act that is evergreen, that requires constant updating, as many pieces of legislation do, on which the institutions of our country depend.

We have given careful consideration to the recommendations and proposed amendments put forward by members of the House, when Bill C-41 was studied in committee.

Bill C-15 would address various problems regarding military justice through a series of important amendments to the National Defence Act.

First, it would strengthen the administration of military justice by allowing for the appointment of part-time military judges to serve in times of large-scale operations and other search periods, thereby providing flexibility in the courts martial system. We hope this is not a provision that will be needed soon or often, but it needs to be there and it is a former chief justice of our country's Supreme Court who endorses that view.

In addition, it would lower the minimum rank requirement for the senior member of a court martial panel from colonel to lieutenant colonel in most cases and reduce the minimum rank of serving panel members on courts martial of non-commissioned members from warrant officer to sergeant. This fight simply widens the pool of those eligible to serve on these panels.

It would also allow for one more non-commissioned officer to serve on the panel when the accused is a non-commissioned member, as well as allow for increased participation of non-commissioned officers, without undermining the requirement for leadership and experience in the maintenance of discipline. It is the experience of non-commissioned members, as well as officers, on which this system depends.

This bill would clearly define the objectives, intent and principles of sentencing in the military justice system.

By articulating the purposes of military justice, we would be giving increased clarity and transparency to all those engaged in its delivery. This is perhaps the most exciting and compelling aspect of this bill. The National Defence Act had not previously articulated the purposes of military justice. They are implicit and known but now they would be explicit and this would provide Parliament's guidance to the military judges, officers and Court Martial Appeal Court justices presiding over courts martial, summary trials and appeals, just as Parliament has already done for the civilian criminal justice system in the Criminal Code. Of course, this guidance would expressly recognize the crucial elements unique to the military system necessary for it to fulfill its vital function.

The bill would also introduce a broader range of sentencing options to help ensure that the punishments handed down by courts martial or summary trials are appropriate, both in terms of being appropriate to the offence committed as well as being broadly comparable to the range and type of sentences available within the civilian criminal justice system. Criminal justice evolves. Military justice must reflect the best of the evolution of the civilian criminal system.

Bill C-15 would also improve how victims are treated by the military justice system. The bill includes the option of presenting victim impact statements before courts martial and would give military judges the authority to order restitution.

Victim impact statements are very important to the whole justice system, something that is recognized on the civilian side but which now needs to be enacted on the military side for us to continue to be as proud of and confident in that system as we have been to date.

The bill would set an additional limitation period for holding summary trials, requiring that charges be laid within six months of an alleged offence being committed, to accompany the existing requirement that the summary trial be held within one year of the alleged offence. And, Bill C-15 would legally empower the Court Martial Appeal Court of Canada to suspend sentences handed down by courts martial where deemed appropriate.

In addition to resolving issues related to the administration of military justice, Bill C-15 would strengthen the military police system by officially establishing the position, duties and responsibilities of the Canadian Forces Provost Marshal, who is the military police chief, and by speeding up the military police complaint process and making it more fair.

The provost marshal, just to be clear, is not yet recognized officially in the National Defence Act. Mr. Justice Lamer recommended that he or she be so, and the position would be so under Bill C-15 when it is enacted.

With respect to addressing grievances in the Canadian Forces, Bill C-15 would permit the Chief of the Defence Staff to better delegate his power as the system's final grievance authority, thereby helping to resolve grievances more swiftly and efficiently in the interests of better administration and morale.

The bill would also formally change the name of the Canadian Forces Grievance Board, at its own request, to the military grievances external review committee to reflect the actual status of that committee. This would better reflect its independence and increase the confidence of Canadian Forces members in its impartiality.

Finally, this bill would improve the existing statutory requirement for a periodic independent review of selected provisions of the National Defence Act. It would clearly establish that requirement in the act itself, setting out both the scope of review and the mandate of review period which would be adjusted from five to seven years to ensure the quality and effectiveness of each independent review.

In conclusion, the government recognizes that the changes proposed in this bill are extensive and, in some cases, complex. However, it should be noted that, in most cases, the need for these changes has been recognized for years and most of the proposed changes have already been addressed and analyzed in committee.

Our men and women in uniform are counting on us. This government acknowledges that regular attention and review is necessary to ensure the continued relevance and effectiveness of any legal system, military or civilian, and through Bill C-15, we will ensure that this is the case for military justice in the years to come.

Canadians depend on their government to build and maintain a justice system that reflects our national values and respects the rule of law. This government has been given a strong mandate from Canadians to do that. The House has a mandate to act in this area as well. I therefore call on the House to support this important effort by moving this bill forward as quickly as possible.

It may seem to some of us in the House that the measures in the bill are distant or obscure. Not all of us have had direct contact with the military justice system, but we all understand that the roughly 100,000 Canadian men and women in uniform, regular force, reserve force, depend on these measures for their morale, for their discipline, for the framework of justice, action and order in which they operate in Canada, and which they take with them abroad when they are deployed as they have been so often in the history of this country.

We have a responsibility to them, eight years after the Lamer report, to move forward with these important measures. The measures in Bill C-15 go well beyond those provided for in Bill C-16, and will indeed supersede that of the bill we dealt with earlier today if that bill passes into law earlier.

We hope that we have the support of all members of the House in moving through an expeditious debate on the bill, efficient consideration at committee, and early implementation and enactment of the bill into law.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:20 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I appreciate the remarks from the hon. parliamentary secretary. My question involves the review that was done by the hon. Mr. Justice Lamer submitted in 2003. That review contained some 88 recommendations, a few of which are covered in Bill C-16 and some in Bill C-15, but it seems the government has substituted its judgment for Mr. Justice Lamer in omitting some of those.

As well, in his report there were many things in the recommendations the government could do without legislation, including increasing resources to the military justice system which apparently the government has failed to do in that intervening time period.

Why have there been these omissions of recommendations from the bill and why has the government not acted on those recommendations which do not require legislation?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:25 p.m.
See context

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, the government has acted on many of the recommendations that do not require legislation and we would be happy to review those in detail with the hon. member and his party at committee or outside of the House. Within the confines of an answer to this question, I cannot provide that level of detail.

The vast majority of the recommendations contained in the Lamer report of 2003 have been translated into legislation in the bill. I think the member will agree, as many members in his party did in consideration at committee, that these are the right ones and that not all were appropriate for translation for inclusion in the bill at this time.

There are larger issues related to the Military Police Complaints Commission and the grievance process which are still subject to policy review, still subject to decisions pending outside of the House, which we hope to translate into legislation at a subsequent date. But keep in mind that Justice LeSage is leading another review of the military justice system, which is due very soon, which will have recommendations. The House will have a chance to return to these issues relatively soon because of our delay in implementing the recommendations from the Lamer report over eight long years.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:25 p.m.
See context

Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, as the hon. member would know, in the many reiterations of this bill, one of the debates was around the independence of the police to conduct investigations. The independence of the police is as important to the rule of law as the independence of the judiciary.

As I said earlier, the tension between the independence of the police and the command structure of the military is what creates something of a hybrid system for military justice in this country, and for that matter, in all other countries.

There exists a tension in the military system of justice that does not exist in the civilian system. Where police would be assumed to be, both factually and in appearance, independent of supervision from, say, an authority like a mayor or other political authority in a military justice system, that is not entirely a warranted assumption.

Hence, my question is with respect to subsection 18.5(3), which states: “The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation”.

I would be interested in the government's view with respect to the ability of the vice chief of the defence staff to actually issue instructions on a unique and discreet investigation. That does not auger well for the independence of the police to pursue an investigation, where it might take the police.

Does the hon. member have some concern that this particular section could be both used, but more ominously abused, by senior brass, for want of a better term, in order to shut down an investigation?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:25 p.m.
See context

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

Mr. Speaker, the government, after long consideration within the Department of National Defence, and on the basis of consultations with many, inside and outside of government, has come to the conclusion that it can be confident that those measures, mentioned by the member for Scarborough--Guildwood, are required. Abuse can come in many forms. We rely on the professionalism of the senior leadership of the Department of National Defence, and all our public servants, to prevent it. By and large they do.

I would remind the hon. member, there are also safeguards in the bill. The number of times that the vice chief of the defence staff has recourse to this provision is subject to review. This provision itself is subject to review, as are all the measures governing military justice. It is currently every five years. We are now proposing every seven years.

Let us be clear, there are institutions within the Department of National Defence. The superintendence of military justice is in the hands of the judge advocate general's office. Investigations and police work are in the hands of the provost marshal. They have their own logic and their own autonomy. That is enhanced by the bill, given that the provost marshals will for the first time be recognized, and the purposes of those officials' work recognized in the National Defence Act, thereby strengthening their ability to do their job without interference.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

November 4th, 2011 / 1:30 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Given that the time for government orders for today is about to expire, the hon. parliamentary secretary will have four minutes remaining in questions and comments when the House returns to this bill.

In view of the ruling made earlier today, there will be no private members' business hour today.

Accordingly the House stands adjourned until Monday, November 14, 2011 at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 1:31 p.m.)

The House resumed from November 4, 2011 consideration of the motion that Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

March 29th, 2012 / 3:20 p.m.
See context

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am pleased to have an opportunity to speak to Bill C-15 at second reading. This is a law that has to do with military justice. It is an act to amend the National Defence Act in order to strengthen military justice.

First, I need to make some general remarks about the whole notion of military justice in our law. As some members know, I served as defence critic in Parliament prior to October of last year. We had Bill C-41 before us in the last Parliament, which was intended to bring some changes into the military justice regime in Canada.

It is important that we have a good look at our whole military justice structure because there are a number of problems that need to be resolved. Military justice needs to fit in with our entire justice system. We need to ensure there is conformity between the kinds of laws we have in relation to military justice, as well as our general justice system, certainly in terms of the fundamental principles of law.

We need to understand that there are differences between military law and our general legal system, and there are good reasons for that. We have a military justice system that recognizes the relationship between the justice system and discipline within the military.

There is a significant importance to discipline in the military. I will quote an expert in military law, retired Colonel Michel Drapeau, who is a lawyer in private practice and has considerable experience in the military. In fact, he is the author of the only significant military legal text in Canada used in law schools and has an annotated book on the military aspects of the Department of National Defence Act. It is quite a useful source of knowledge. This is what he says in relation to the importance of discipline in military law:

Few professions are as dependent on discipline as is the military. Discipline is fundamental to military efficiency, cohesion, esprit-de-corps permitting commanders to control the use of violence so that the right amount and type of force can be applied in exactly the right circumstances, the right time and the right place. At the personal level, discipline ensures that at all times of great danger and risk, the soldier can and will carry out orders even if his natural instinct for self-preservation and fear tells him otherwise. Likewise, group and individual discipline ensures adherence to laws, standards, customs and values of civilian society, even during combat operations.

He went on to say, “Therefore, discipline is integral not only to the maintaining of an efficient armed forces, but also ensuring that the rule of law predominates within the military, particularly when engaged in great peril and danger in combat”.

We see that it as important for two reasons, not only for maintaining discipline so that when someone violates the law there is quick action and a speedy response to breaches of discipline but also that there may well need to be procedural differences available in the military context. However, it is also extremely important that when engaged in combat there always be an adherence to the rule of law.

Our country certainly wants a military force and troops who are capable of carrying out their use of force in a lawful manner, regardless of the circumstances of great peril that others take. Therefore, we say that not only the military justice system exists to punish wrongdoers, it is also a central part of command discipline and morale.

We have a voluntary military and the military justice system must be seen as equitable and fair. Otherwise, we will not only have a justice problem but could also have an operational and recruitment problem. We must recognize that people who volunteer for military service must know that they have to be treated fairly. Therefore, we must also emphasize the justice side as well as the military side. We want, expect and need a high level of morale in our system among our troops and we demand loyalty, but that is a two-way street and the system must be seen as fair.

When Bill C-41 was before the House, we brought it to the defence committee where our party sought to do two things. First, we sought to ensure that the procedures in the military justice system were effective, insofar as it was possible and consistent with the need for speedy resolution of disciplinary matters in some cases. Moreover, we also sought the protections, as far as possible, of the Charter of Rights and Freedoms. In other words, we did not want the fact that we needed efficient military justice to take the place of fundamental principles of justice for people just because they happened to be in the military.

Therefore, we focused on making changes to the proposed legislation that would see the summary trials provision conform as much as possible to the existing law for civilians. Where that could not be done, we recognized that we would use this procedure, which could involve people going to detention for up to 30 days or having substantial fines levied against them and, under our current system, result in a criminal offence, even without the protections of the charter, without the right to counsel, to make full answer in defence or having an impartial tribunal. These ought not to be regarded as criminal offences, which after service would require a person to go through the parole board and seek what was then available, a pardon. It is not available any more, because the members opposite have decided that pardons are no longer available through the parole board. That is all the more reason we have to make sure this is done right.

We did take some measures. We introduced a series of amendments in committee. Some of them were accepted. In fact, some those accepted were even proposed by the Judge Advocate General and his advisers. Bill C-41 did not pass but died on the order paper when the election was called last year. We had gone through first and second reading, committee and third reading, but it did not get passed in the dying days of the last Parliament.

Therefore, we are back at it again with a new bill, Bill C-15. However, a number of amendments that were accepted by the committee and would have ameliorated some of these problems do not appear. They are gone, out the door. So we are back to square one now with respect to a number of provisions that were in Bill C-41 that were fixed and improved, and some that were even proposed by the Judge Advocate General as a compromise to fix the system in an acceptable way, taking some of the offences and adding some more offences, in fact, back to the list of those that would not result in a criminal record. However, these offences are back in again.

I do not know why we are doing this. Is there any respect for this Parliament by the government? Are the Conservatives saying that now they have a majority they can do what they want? Never mind what they did last time or what they agreed to last time, never mind the compromises and the proposals that came from the Judge Advocate General's office, they are going to go back to square one and not do it.

These are important matters because we are not talking about simple changes to legislation. We are talking about people's fundamental rights, and when I am talking about rights I am talking about the Charter of Rights. When section 11 of the Charter of Rights states that a person charged with an offence has the right to be presumed innocent until proven guilty in accordance with law, in a fair and public hearing, by an independent and impartial tribunal, it means just that. However, if their commanding officer who knows them, knows all of the witnesses and everyone else, has the file and is not even telling the accused what is in the file, that is not a fair and impartial tribunal.

I am not saying we cannot accept that if we are dealing with an administrative disciplinary system, but we should not add the extra piece of saying that it would result in a criminal record, which he or she would have to deal with that later on and pay $600 to the parole board, hope for the best and maybe get what is called a record suspension. These are serious matters.

Some would say that the Charter of Rights should not apply to the military. When the Charter of Rights and Freedoms was being drafted and adopted as a fundamental part of our Constitution in 1983, the drafters contemplated whether or not the military justice system should or should not apply. It was thought about because there is one section, for example, were the right to a trial by jury is being discussed in the Charter of Rights. For anyone who is interested, it is paragraph 11(f) of the Charter, which talks about when one can have a trial by jury, and states:

except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment.

It is equating a military tribunal in a court martial to a jury. Therefore, they thought about military law when they were crafting the Constitution. There is no exception for a fair trial before an impartial tribunal. There is an exception for a jury trial because a trial by a military tribunal is considered to be equivalent in the charter to a jury.

Why are we doing this? It is beyond me to understand why a government that takes such great pride, we hear, in our troops and looking after our service men and women and military personnel who volunteer for service and risk their lives and, in some cases, sadly, give their lives in defence of their country and in doing their country's work, does not treat them and give them the same rights that the Charter of Rights provides for citizens of this country.

We tried to fix that. It is a fundamental problem in military justice. It does not just affect a few people. I do not have the latest statistics but I cited the statistics for 2007-08 and 2008-09. There were over 2,600 offences in 2007-08, and 2,600 in 2008-09, the vast majority of which were dealt with by what is called a summary procedure, a procedure that does not have those protections. Someone would be tried by his or her commanding officer and, in most cases, would end up with a criminal record if found guilty.

These are essentially a lot of discipline offences having to do with going AWOL, et cetera. I will not bore members with a list of the number of offences for each one, but we have things like conduct to the prejudice of good order and discipline. These are there to try to keep everyone in line and to keep morale up. There are offences such as being AWOL, which could be as much as being 10 minutes late after a night out on leave. In fact, 29% of the offences are absences without leave. However, these are offences against the National Defence Act. Drunkenness is another one, accounting for 6% of the offences. For soldiers, it is amazing that only 6% of the 2,600 offences we are talking about here from five years ago relate to drinking. Soldiers are supposed to be famous for going to bars and drinking, but obviously we have very disciplined soldiers in our Canadian Forces, of which we are very proud.

Nonetheless, we are talking here about fundamental justice and the need to ensure that our military justice has the same respect for fundamental justice as does our regular legal system.

I am hoping that we are not going to hear from the other side that, “This is the NDP going on again. It loves criminals. It even loves criminals when they're in the military”. Instead, I am hoping that we will hear from the other side that they have enough respect for our military that they want to ensure that even when military personnel act in a manner that gets them into trouble with their commanding officer, they will respect the rights of these personnel, they will recognize that they need to maintain morale, that they need to maintain discipline but that they also need to ensure that they are not saddling someone with a criminal record when that person does not have the protection of the fundamental rights, the fundamental justice, contained in our Charter of Rights and Freedoms, that very constitution that we are asking our soldiers, our men and women in uniform, to go and fight for and defend. They are being denied the protection of that in a fundamental way.

What we are trying to do and what we have tried to do in the committee in the past is as I said.

Here I see the parliamentary secretary who, unfortunately, was not part of that committee the last time. He was not even in this Parliament. When this comes before the committee again, maybe I will join him to talk about the motions we passed the last time and the sections we changed. I have a list, which I can give him, of the ones that were actually passed, amending the bill and ensuring there was better protection for our soldiers, sailors and air men and women, and are now missing from the bill. The member was not there when they were passed.

If this is just an error, a mistake, or they just went to back to the drawing board and produced the same bill we had before, I hope he will willing accept those changes. I am looking for some signal to that effect from the member when he speaks to this legislation.

We do have an important task at hand, and that is to ensure that our soldiers, sailors and airmen are treated with respect and dignity and given the protections under the Charter of Rights and Freedoms.

There is another aspect of this bill, which I will touch briefly on. It is the issue of grievances. There is a significant problem with the grievance procedure within the military. This legislation deals with it, but not well enough. We did amend clause 6 of the National Defence Act in that regard. There was a series of amendments that were important, giving the Chief of the Defence Staff the power to settle a grievance. It passed the committee, but I do not know if the Chief of the Defence Staff wants it. The government does not seem to want to give it to him.

He is the person who makes the final decision, but he cannot say to people who were denied overtime or a certain special pay, which cost them $1,500, that they would get the $1,500. He cannot decide that. It has to go to some legal people in the Department of Justice. It does not go to the Judge Advocate General.

The CDS cannot say “Give that man the $1,500 that he was denied”, whether it be for work or moving expenses or whatever. That has to go to somebody in the Department of Justice part of DND who can say “Well, we do not think it is really appropriate to give money in this case”. Then that person cannot get his grievance resolved.

We made changes that ensured the CDS could resolve that problem, being the final voice and being able to settle a grievance. That is something that is necessary and desirable. I hope we are able to get that change made once again.

We also wanted to ensure that are some timelines on grievances that need to take place. There was also a series of amendments with respect to oversight by civilians, a whole series, including the amendments we made to clause 11, which would enforce and allow the grievance committee to deal with grievances in a proper manner, with civilians rather than just military people.

There are a number of changes that have to be made. Unfortunately, the Conservatives did not accept in their new bill the changes that were already made.