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.

National Defence Committee, on Jan. 30, 2013

    National Defence Committee, on Feb. 4, 2013

    • Pierre Daigle, Ombudsman, Office of the Ombudsman, National Defence and Canadian Forces Ombudsman
    • Alain Gauthier, Acting Director General, Operations, National Defence and Canadian Forces Ombudsman
    • Bruce Donaldson, Vice-Chief of the Defence Staff, Department of National Defence
    • Blaise Cathcart, Judge Advocate General, Department of National Defence

    National Defence Committee, on Feb. 6, 2013

    • Ian Holloway, Professor and Dean, Faculty of Law, University of Calgary, As an Individual
    • Bruno Hamel, Chairperson, Canadian Forces Grievance Board
    • Jean-Marie Dugas, Former Director, Canadian Forces Defense Lawyers, As an Individual

    National Defence Committee, on Feb. 11, 2013

    • Colonel, Retired) Michel W. Drapeau (Professor, University of Ottawa, As an Individual
    • Clayton Ruby, Lawyer, As an Individual
    • Glenn Stannard, Chair, Military Police Complaints Commission
    • Gilles Létourneau, Retired Judge of the Federal Court of Appeal and the Court Martial Appeal Court of Canada, As an Individual

    National Defence Committee, on Feb. 13, 2013

    • Peter Tinsley, Former Chair, Military Police Complaints Commission, As an Individual
    • Eric Granger, Lawyer, Criminal Lawyers' Association
    • Anne London-Weinstein, Lawyer, Criminal Lawyers' Association
    • Michael R. Gibson, Deputy Judge Advocate General of Military Justice, Office of the Judge Advocate General, Department of National Defence

    National Defence Committee, on Feb. 25, 2013

    • Michael R. Gibson, Deputy Judge Advocate General of Military Justice, Office of the Judge Advocate General, Department of National Defence

    National Defence Committee, on Feb. 27, 2013

    • Clerk of the Committee, Mr. Leif-Erik Aune
    • Michael R. Gibson, Deputy Judge Advocate General of Military Justice, Office of the Judge Advocate General, Department of National Defence
    • André Dufour, Director, Military Justice Strategic Response Team, Office of the Judge Advocate General, Department of National Defence

    National Defence Committee, on March 4, 2013

    • Michael R. Gibson, Deputy Judge Advocate General of Military Justice, Office of the Judge Advocate General, Department of National Defence
    • André Dufour, Director, Law Military Personnel - Office of the Judge Advocate General, Department of National Defence
    • Erin Shaw, Committee Researcher