Bill C-71 (Historical)

Victims Rights in the Military Justice System Act

An Act to amend the National Defence Act and the Criminal Code

This enactment amends provisions of the National Defence Act governing the military justice system.
It adds a new Division entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have rights to information, protection, participation and restitution in respect of service offences. It adds or amends several definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim’s behalf for the purposes of that Division.
It amends Part III of that Act to, among other things,
(a) specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at summary trials;
(b) protect the privacy and security of victims and witnesses in proceedings involving certain sexual offences;
(c) specify factors that a military judge is to take into consideration when determining whether to make an exclusion order;
(d) make testimonial aids more accessible to vulnerable witnesses;
(e) allow witnesses to testify using a pseudonym in appropriate cases;
(f) make publication bans for victims under the age of 18 mandatory on application;
(g) require courts martial to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(h) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(i) provide for different ways of presenting victim impact statements;
(j) allow for military impact statements and community impact statements to be considered for all service offences;
(k) provide for the creation, in regulations, of disciplinary infractions that can be tried by summary trial;
(l) provide for a scale of sanctions and principles applicable to sanctions in respect of disciplinary infractions;
(m) provide for a six-month limitation period in respect of summary trials; and
(n) provide superior commanders, commanding officers and delegated officers with jurisdiction to try a person charged with having committed a disciplinary infraction by summary trial if the person is at least one rank below the officer presiding at the summary trial.
The enactment also amends the Criminal Code to include military justice system participants in the class of persons against whom offences relating to intimidation of a justice system participant can be committed.

National Defence Act

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, it is an honour to rise today to debate Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.

I find the comments coming from the Liberals somewhat interesting and rich about needing to ram this bill through all of a sudden. Here we are on October 1, and now it is time to ram this bill through when it took them three years to get to this point. When it was first introduced on May 10, we went through two months of sitting in May and June, had midnight sittings through most of the month of June, but yet the government did not see fit to bring it forward for debate then. Instead, the first day of debate for this bill was September 21, a Friday sitting, where just about two hours of debate can occur. Here we are on just our second day on the bill, and all of a sudden the Liberals are crying that we should be immediately ramming this through, before members have a chance to debate it.

In our former Conservative government, we placed victims at the centre of our criminal justice system. We thought it was important the victim of a crime be granted the right and privilege to participate in the criminal justice system. We did this in a number of different ways, but most importantly, through Bill C-32, which created the Victims Bill of Rights. We did that because we felt it was important the victim have a voice and the opportunity to fully participate in our criminal justice system.

It has been disappointing to hear from these Liberals the last couple of weeks, who would rather place criminals ahead of victims on so many different issues. In the past two weeks alone, we saw these Liberals defend granting veterans benefits to convicted murderer Chris Garnier, a convicted murderer who did not spend a single day in the military. He never once donned our nation's uniform, never once participated in Canada's Armed Forces, yet these Liberals stood in this very place and defended the right of that convicted murderer to receive veterans benefits for post-traumatic stress disorder, that he, by his own admission, had because of the brutal murder he committed. These Liberals are defending his right to receive treatment paid for by veterans rather than that which is available through our Correctional Service of Canada.

Tomorrow we will be debating a motion in this very place brought forward by our leader, the leader of Her Majesty's loyal opposition, about the tragic case of Tori Stafford's murderer being transferred from a prison with bars and razor wire to a healing lodge, where the commissioner of the Correctional Service of Canada admitted there are often children present. We heard the Liberals defending this once again today in question period, defending the murderer of an eight-year-old girl who was brutally murdered. The Liberals are defending the transfer of her killer from a prison to a healing lodge. It is wrong. Tomorrow, we will see where the Liberals truly stand on victims when they are called to account to stand in this place and defend that decision.

This follows a series of moves by these Liberals to place a greater emphasis on the criminal rather than the victim. Bill C-75 would actually reduce a sentence for a number of what we on this side consider serious crimes.

This would include participating in the activity of a terrorist group, infanticide, a couple of impaired driving offences causing bodily harm, abducting a person under the age of 14, forced marriage, advocating genocide, extortion by libel, arson for fraudulent purposes, and possession of property obtained by crime. They also want sentences reduced for participation in the activities of a criminal organization. With all of the challenges we are facing, these Liberals want to reduce sentence for those participating in gang activities. I know this is wrong and Canadians know it is wrong.

When the former Conservative government introduced the Victims Bill of Rights in 2014, our then justice minister saw fit to make this bill of rights a quasi-constitutional document, a document so important that it would take precedence over many other federal statutes. At the time, our minister of justice, the hon. Peter Mackay, stated on April 9, 2014:

In order to give meaningful effect to victims' rights by all players in our criminal justice system, our government is proposing that this bill have quasi-constitutional status. This would mean that the Canadian victims bill of rights would prevail over other federal statutes, with the exception of the Constitution Act, which includes the Charter of Rights and other quasi-constitutional statutes within our legal system, such as the Official Languages Act, the Privacy Act, and, of course, the Canadian Human Rights Act.

What does this bill do? It effectively reintroduces Bill C-71 from the previous Parliament, which our Conservative government introduced, and applies the Canadian Victims Bill of Rights to the military justice system. In particular, it provides for four key rights for victims: the right to information, the right to protection, the right to participation, and the right to restitution.

Many Canadians, whether they serve in the Canadian forces or not, often find the criminal justice system intimidating and confusing, and find it challenging to get information about the case being made about the crime perpetrated against them. The right to information is about their right to have information in the general sense of how the system works, and also specifically regarding their case so they know about its progress. It is also to know information about the investigation, and the prosecution and sentencing of the person who perpetrated the act against them.

Whether it comes to the criminal justice system or the military justice system, the second right is the right to protection. This is to ensure that victim safety and security is protected. Whether that is by having their identity protected from public disclosure or using other measures that would allow for their protection, we believe this is exceptionally important.

I do see that my time is running short, so I will not have a full opportunity to talk about the right to participation and right to restitution. However, I will say that those of us on the Conservative benches will always stand for the victims of crime. We will defend the victims of crime and ensure that they have a place in both our criminal justice and military justice systems so that their voices are heard. We will stand with victims.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, it is an honour for me to rise today to speak to Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other Acts.

While we know that Canada's military justice system operates separately from Canada's civilian justice system, it is nevertheless important that its system is also just and fair. Canadian Armed Forces members are held to a high standard of conduct. It is understood that Canada's separate military justice system exists to maintain discipline, efficiency and morale in the Canadian Armed Forces. The safety and well-being of all Canadians is dependent on the military's ability to deal with internal discipline effectively and efficiently. That is because our esteemed men and women serving in the military are often required to risk injury or death when they perform their duties. Nonetheless, when it comes to provisions to support victims, there is a gap in the National Defence Act. Victims' rights should be at the heart of every criminal justice system. The proposed legislation takes a step toward that goal. It extends victims' rights into the military justice system, which is certainly positive.

The legislation we are considering is in fact largely modelled after Bill C-71, which was introduced in the previous parliament by the former Conservative government. It builds on existing efforts to put victims of crime at the heart of Canada's criminal justice system. The Conservatives have a proud record of standing up for victims of crime and law-abiding citizens, and we remain committed to them. We have and will always work toward ensuring that victims of crime have an effective voice in the criminal justice system, and we will never accept having the rights of criminals ahead of those of victims of crime and law-abiding citizens. In fact, for far too many years in Canada the scales of justice tipped in favour of criminals. Our criminal justice system neglected those who had been affected by their crimes. It neglected the rights of victims of crime. I am proud of the hard work and the achievements of our former Conservative government. Our country is better off for it. It took significant steps to find a better balance in our criminal justice system, steps that gave victims of crime clear, enforceable rights and protections.

The principle that victims of crimes should be a priority in Canada's criminal justice system was reflected throughout the former Conservative government's policies, reforms, and even investments. Whether it was the creation of the Office of the Federal Ombudsman for Victims of Crime, the passing of the Safe Streets and Communities Act, or investments in child advocacy centres across the country, victims and law-abiding criminals were always the priority.

The landmark Canadian Victims Bill of Rights was the most notable forward step for victims taken by the former Conservative government. This historic legislation entrenched the rights of victims of crime into a single document at the federal level. The Canadian Victims Bill of Rights guarantees victims of crime the right to information, protection, participation and restitution. lt means that the rights of victims are considered at every stage of the criminal justice process, as they should be.

After entrenching the Canadian Victims Bill of Rights in Canada's criminal justice system, our former Conservative government tabled legislation to also give victims of service offences the same rights, that is, the right to information, protection, participation and restitution. Unfortunately, there was not enough time to study and pass this legislation before the dissolution of Parliament. However, I am pleased that the current Liberal government, through Bill C-77, has copied that legislation. lt is the right thing to do. As we work to protect and promote victims' rights, we are helping to ensure that both of Canada's criminal justice systems help those who truly deserve support.

Given that the legislation for the most part is a carbon copy of the legislation introduced by the former Conservative government, it is disappointing that it is being introduced so late in the Liberal government's mandate. I suppose this is perhaps a reflection of the Liberal government's record on victims' rights.

Unfortunately, it is way too easy to offer examples of the Liberal government's appalling record of putting the rights of dangerous criminals ahead of the rights of victims and their families. Just last week, the Liberals voted against our Conservative motion calling on their Minister of Veterans Affairs to revoke the Veterans Affairs-funded benefits of Chris Garnier, a convicted cop killer. Moreover, the Liberal government is still defending the transfer of Terri-Lynne McClintic to a healing lodge. McClintic was convicted of first-degree murder in the 2009 kidnapping and rape of eight-year-old Tori Stafford. Less than 10 years after the disgusting crimes she committed, she has no business being transferred to a healing lodge facility. That facility has no fences around it and often has children present. However, the Liberal public safety minister has defended this decision and downgraded her despicable crimes to “bad practices”. As a mother of two young children, I am livid by the Liberal government's refusal to exercise its moral, legal and political authority to reverse this decision, and my heart breaks for the family of Tori Stafford.

These are just two recent examples in the public eye of the Liberals' backward priorities. They have also tabled Bill C-75, which makes sweeping changes to Canada's Criminal Code. lt undoes a lot of the progress our former government made to put the rights of victims ahead of criminals.

While we are considering the legislation before us, I would point out that the Liberals are also pushing through legislation to reduce sentencing for serious crimes. These are serious crimes like human trafficking, participation in a terrorist group or the abduction of a child under the age of 14. The Liberal record of putting the rights of criminals ahead of victims is shameful. lt is not a record of restoring victim rights.

That said, I am pleased to see that a version of our Conservative legislation has been brought forward by this government. Victims' rights should never fall by the wayside in either of Canada's systems of justice. That is why passing this legislation is so important. Like the Canadian Victims Bill of Rights, this legislation entrenches four key rights for victims of service offences. First, it provides the right to information. This includes the right to information on the military justice system, as well as services and programs available to victims. lt also gives victims the right to information about the progress of the case. The legislation gives victims the right to protection by giving consideration to their privacy and security through the military justice process. lt gives them the right to participate in the proceedings and creates an opportunity for a victim impact statement to be made. lt also gives the right to restitution when financial losses can reasonably be determined.

The addition of these rights to the military justice system through the Code of Service Discipline's declaration of victims' rights places these rights at the heart of the military justice system. That is exactly where they belong. The legislation has my support. I will be voting in favour of sending it to committee so it can be studied in detail.

Conservatives will always stand in support of victims. We will always be in favour of giving victims a stronger voice in Canada's criminal justice systems. I hope the legislation is referred to committee and that all victims of crime and law-abiding Canadians are given a greater priority by the Liberal government.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, before I get into the issue at hand, it is no wonder that taxpayers and voters across this country get skeptical about politics when somebody, whether it is the parliamentary secretary to the Prime Minister, the Prime Minister or the Minister of Veterans Affairs, stands up every day and tries to pretend that something is exactly like something else when it is not. I am referring to what he just talked about on the minimum-security prison where this murderer, child killer, was moved to. She was behind bars in minimum security. She is not today and that is a huge difference. People get it, no matter how they try and spin it.

Before my blood boils much more, I am pleased to rise in the House today to speak to Bill C-77, which will amend the National Defence Act to bring about some changes to the Canadian military justice system. For the most part, these changes are both needed and welcomed. The bill before us today is in fact very similar to a previous Conservative bill, Bill C-71. I do not want to confuse anyone. The Bill C-71 that I am referring to is a bill from a previous government. It is not the same Bill C-71 that the Liberals have passed through this House which is a direct attack on law-abiding firearms owners. That is most certainly a Bill C-71 that I will never be supporting. The Bill C-71 that I am referring to was put forward by our previous Conservative government in an attempt to accomplish many of the same goals that the bill before us here today seeks to accomplish.

The fundamental objectives of this legislation, that I believe are supported across party lines, are aligning the military justice system in Canada with the Criminal Code of Canada, enshrining the Victims Bill of Rights into the National Defence Act, putting a statute of limitations of six months on summary trial cases and clarifying what cases should be handled by a summary trial. These are all very positive steps forward that are contained within Bill C-77 and I am supportive of them moving forward.

I would like to take some time to focus on one of these central points, with respect to enacting the Victims Bill of Rights. It should be pointed out that it was the former Conservative government that brought forward the Victims Bill of Rights when we were in government. It was an incredible step forward to ensure that Canadians who are victims of crime are supported. That is our party's record when it comes to supporting survivors.

Unfortunately, time and time again we see the Liberals talking the talk but not walking the walk when it comes to support for victims in this country. In fact, they've adopted a “hug a thug” mentality when it comes to modernizing the Criminal Code. Through Bill C-75, the Liberals are actually making it possible for perpetrators of heinous criminal acts, some carrying sentences of 10 years in prison, to get off with only a ticket, fine or minor jail time. Bill C-75 introduces a number of measures that are intended to deal with delays in Canada's court system. However, as I have said, the massive 302-page bill will also end up reducing sentences for a number of dangerous crimes. This will be done by provisions in the bill that could reclassify indictable offences so that they may be punishable as summary offences, which would carry a maximum penalty of only two years.

A potential 10-year sentence lessened to two years is the Liberal solution to judicial delays. I sent a mailing out to my constituents that informed them of Bill C-75 and what it would do. I invited them to respond to me via a response card. The response card asked them if they agreed with Bill C-75. To be clear, there was literature that went with it to explain exactly what was there so that people understood what they were voting on.

In my entire time serving the riding of Bruce—Grey—Owen Sound, I have never had such an immense return to a mailing like this. I received nearly 1,600 responses to this question. Of the responses, 97% of respondents said that they disagreed with Bill C-75, while only 31 individuals out of that 1,600 agreed and 17 were unsure or needed more information. This was certainly a message heard loud and clear. Bruce—Grey—Owen Sound does not support Bill C-75.

Canadians are also having a hard time believing that this government supports the men and women who serve this country.

I rose in the House last week to make the Minister of Veterans Affairs aware of a veteran in Bruce—Grey—Owen Sound who cannot receive the important support he needs. He is 87 years old and is a veteran of the Korean War. His name is Barry Jackson. I know the family well. He served our country admirably and is now looking for any kind of help from Veterans Affairs. Unfortunately, it will not return his calls.

First I will provide a bit of history. It took years for Barry Jackson to be approved for a wheelchair ramp. Now he needs a scooter, and all he gets is silence from Veterans Affairs. His son Jonathan contacted my office after learning that the Liberals were paying for PTSD treatment for a convicted murderer who has never served in the military one single day in his life. It truly is shameful that a murderer and cop killer with not one day of military service is receiving benefits.

When Barry Jackson got the call from Canada in 1951, he answered that call and headed off to Korea, just like thousands of other young Canadian men did. However, years later, when Barry Jackson needed help and reached out to Canada, nada, nothing, zero. From Veterans Affairs, nothing; from the Prime Minister, nothing; from the Minister of Veterans Affairs, nothing. They should all be ashamed.

Christopher Garnier, meanwhile, committed unspeakable acts, but because his father served in the armed forces, he is getting support, while actual veterans like Barry Jackson wait and wait. It is unfair and, I would say, un-Canadian. What is really ironic, and we can use whatever word we want, is that with the money in Veterans Affairs and the services available, veterans like Barry Jackson, who laid their lives on the line to earn those services when they needed them, are the ones who cannot get them. However, a cop killer and rapist like Chris Garnier, one of the worst human beings one can imagine, has no problem getting them and did not serve one day. That is why people shake their heads and wonder why they even support or want government. It is things like this that give it all a dirty feeling.

When it comes to supporting victims and the men and women who serve this country, the Liberals do not have a great record.

Earlier in my remarks, I mentioned that Bill C-77 almost directly mirrors Bill C-71 from a previous Parliament. There are, however, a few differences I would like to highlight. Perhaps the most glaring difference between the two bills would be the addition of the Gladue decision in relation to subsection 718.2(e) of the Criminal Code of Canada to the National Defence Act.

This addition would mean that aboriginal members of the Canadian Armed Forces facing charges under the National Defence Act may face lighter punishment if convicted. There is absolutely no place in the Canadian Armed Forces, or in Canadian society, for that matter, for discrimination of any kind. No one should ever be discriminated against based upon race, gender, religion, culture or any other factor. That being said, the insertion of this principle has the potential to result in different considerations for offences committed by aboriginal CAF members than for those committed by non-aboriginal forces members. This could lead to sentences that are less harsh and could undermine operational discipline, morale in the forces and even anti-racism policies.

I want to point out, while I have the opportunity, that there are two reserves in my riding. Cape Croker, which is just north of my home town of Wiarton, has the distinction of having the highest percentage of young men who have served in wars. That is something I know they are proud of. Wilmer Nadjiwon, a former chief, just passed away a year or so ago at 96. I stand to be corrected, but I believe that he and seven of his brothers, the eight of them, were in the war, and some of them did not come home. They gave it all, so this is not a slam against aboriginal veterans across this country.

[Alex Nuttall, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, it is certainly an honour to stand in the House today to speak about what we on all sides of the House know is an important bill, one that will seek to put victims at the centre of military law going forward.

Before I go directly into the bill, there are a few things that I want to address. Last week was a very telling week for the government and Canadians watching the government, with regard to those who have served in the military and have been victimized in different ways and through different avenues, some through PTSD and other things. We heard the Minister of Veterans Affairs refer to the underfunding of Veterans Affairs, such as for prepaid phone cards or credit cards and getting those back. If that is the attitude toward our veterans after they have served our country, the government's attitude is probably not much different toward those who are currently serving. Therefore, I can understand why it took three years to finally bring this bill, which was already written, to the House.

This bill reminds me a lot of Bill C-71. We have waited three years for anything to come to the House for other victims of society. For those who deal with accessibility or disability issues, we were promised movement in six months, and we have it now finally after three years, and even then, we are not seeing anything with any teeth.

Over the last few weeks, we have also seen government not putting victims of crime at the centre of care. An individual who was convicted of murder has been given post-traumatic stress support by psychologists and funding from Veterans Affairs, while former members of the military go into any or all members' offices requesting the same. I do not think this is a partisan issue. I would guess that MPs whose ridings are near bases, like my riding, which is about 10 kilometres from a base, have dealt with and heard some very difficult stories from those currently serving, about the services they are looking for and not having those services signed off on by Veterans Affairs, or if they are currently serving, by the Department of National Defence.

There are incredibly heart-wrenching stories that MPs and these individuals deal with. They are just not put at the centre of the process. They are not cared for in the way we would hope. I feel it is the same in the case of Mr. Christopher Garnier, seeing the way he was treated versus many veterans who fought for our country and those currently serving fighting for our freedom or others' freedom around the world.

I will go directly into the bill at this point. Despite the fact that it has taken three years, I want to congratulate the minister for bringing the bill to the House. It is said that imitation is the greatest form of flattery, so it is wonderful to see the government copy and paste from the previous Conservative government's work on Bill C-71 and continue this march forward.

This is a bill that politicians from all parties in the House want to support, as there is no greater duty of the Government of Canada, indeed, any government, than to provide for the physical safety of its citizens, especially those serving within our military. Unfortunately, in many instances, the government cannot be everywhere at all times to prevent a crime from occurring. When such a thing does happen, it is the duty of the Canadian government to ensure that justice is administered in a fair and equitable way. Conservatives have always stood up for the victims of crime and we take pride in knowing that we stand on the side of justice and to ensure that victims have an effective voice in the criminal justice system.

It is because of these core values that our previous Conservative government enacted the Victims Bill of Rights, and why we support enshrining victims' rights within the military justice system. It is because of these core values that our Conservative government brought forward Bill C-71 in the last Parliament.

I believe in giving credit where credit is due, so I would again like to applaud the members of the government for reintroducing Bill C-71 under its new name. I would also like to reiterate that a Conservative government will always have the backs of victims of crime. That said, it should come as no surprise to the members opposite that we will be supporting Bill C-77's getting to the committee stage.

An essential requirement of justice is that justice is blind. There can be no preference in a court of law for a person's race, religion, sex, age or anything else. All Canadian citizens must be given equal and fair treatment in any case before the judiciary. This is a principle that is completely intertwined with the concept of justice. Equality before the law is something that stretches back almost a thousand years to the signing of the Magna Carta in England. Sadly, we have not always lived up to that high principle, but the concept of equality before the law has served as an excellent guiding compass in creating an ever more just society.

The military justice system in Canada comes from a long and distinguished history, going back to the roots of the British military. Any serious military force in the world requires a robust military justice system to improve and maintain the fighting effectiveness, discipline and morale of its fighting forces. It is because of our armed forces' effectiveness, discipline and morale that Canada and our allies have been so successful in protecting our God-given freedoms from aggressive foreign enemies.

With Remembrance Day very quickly approaching, we would all do well to reflect upon the sacrifice of our valiant men and women who made Canada, and how the military justice system contributed to their ultimate success. An effective military justice system is essential for both operational efficiency and to ensure that Canadians see justice being served and completed in a fair way. It is why the previous government brought forth legislation that mirrored the Victims Bill of Rights and made sure it was put into military law as well.

The previous Conservative government understood that the highest priority for every and any government must be the safety of its own citizens, and to ensure that justice is properly administered when prevention impossible. It is why putting the rights of victims front and centre of the criminal justice system is a central tenet of our party.

Prior to the previous government, the criminal justice system leaned far too heavily toward protecting the rights of criminals. The previous Conservative government believed that balance needed to be brought back to the criminal justice system, and so we took concrete steps to hold criminals accountable for their misdeeds.

One such concrete measure was to introduce the Safe Streets and Communities Act, which introduced mandatory minimum sentences for certain sexual offences and for drug dealers. Another such example was the Victims Bill of Rights, which gave victims of crime enhanced access to information, protection, participation and restitution. Taking that and applying it to our military justice system is certainly something we will stand behind. Through this process, I am sure there are going to be ideas brought to the table on how to better this bill and strengthen it where it perhaps has failings. However, on the whole, I want to see, as I know all members of this House do, this move forward in principle.

In terms of the victims of crime, I said that last week was a defining week for what Canadians saw of their government, especially when it comes to victims of crime and to criminals themselves. At question period, question after question was asked about one of the killers of Tori Stafford. The killer was moved from one medium security facility to another, and in this case, she was removed from behind bars to a healing lodge. Canadians were very upset. However, no one was more upset than the father of Tori Stafford. We saw that through the media. We saw that through statements from him. We certainly saw that through Canadians who were around the family.

I found it incredibly telling when members on this side asked the Prime Minister what he was going to do to correct this injustice and support the victims rather than the person who had participated in this brutal murder. After question after question, the answer consistently seemed to be that the Prime Minister was outraged that members of the House would stand up in defence of the victims in this case and talk about the crime that was committed. The Prime Minister asked us to no longer speak about the details of the crime itself.

What really struck me was why the Prime Minister was not upset about the crime itself. Why was the Prime Minister admonishing members of the House for bringing up the factual details of how a person who had murdered an eight year old was moved to a healing lodge, instead of standing up and saying that the person who committed this crime was not serving out what Canadians would consider justice in moving to this place, and condemning the change in the facility, and moving forward hand in hand with Canadians and, more importantly, hand in hand with the victims of this crime, Tori Stafford's family?

I could not get over it. I did not understand it, especially when we consider that Bill C-77 is coming forward and we are talking consistently, as a House, about standing up for Canadians who are unable to stand up for themselves. I do not remember going to a single door where someone said that criminals needed more rights, that people who commit murders need more rights and that we need to be talking about their rights more and more. However, I do remember hearing over and over again from Canadians that we need to ensure that we protect our citizens. We need to ensure that we support victims. It does not matter where in this country they are. It does not matter the colour of their skin. It does not matter their religion or faith. It does not matter their sexual orientation. It does not matter whether they are male or female. We need to ensure that we are protecting Canadians, and one way we protect Canadians is by ensuring that those who are victims are given the supports they need.

However, that was not demonstrated in the House by the government and the Prime Minister last week. Instead, we saw the Prime Minister going in the complete opposite direction of what I believe the bill being presented by the government is trying to do. When laying the facts out and asking questions about cases in which victims have been severely hurt, we were admonished in this case for talking about what happened to this young lady. However, it was not deemed terrible that the person who did it has seen a form of freedom they do not deserve and is completely unjust. I just do not get it. I am trying to rationalize the same government bringing forward the bill before us, which sat on a shelf for three years, with a government that could not come out and say this was unjust.

Day after day, we need to be consistent. The message to Canadians needs to be consistent, that we will take the side of victims, that if people commit crimes, especially heinous crimes, as in the two situations I brought up today, they will pay the full penalty, the full price. Even when they are paying that penalty, that full price, it will never, ever undo the pain that has been caused to their victims.

We, as parliamentarians, need to ensure from this moment forward that when we are talking about these crimes and these victims, when there are individual cases that need to be delved into because of some injustice that has happened, that we are respectful on both sides of the House. However, the first piece of respect needs to be that it is not wrong to speak about the crime that has happened, but it is wrong to let the injustice continue.

I know, as we look forward with respect to changes to the military justice system, with respect to changes that are brought forward by the bill, that they will be done with the best of intentions, that some banter and some debate will occur at the committee level, that there will likely be amendments brought forward and that there will be testimony from those who serve in the military, from different organizations, victims' organizations, etc.

I hope, as we go through that process, we can sincerely put the victim at the centre of that process, not just a bill, not just our talking points. I hope we can move forward putting victims at the centre of the bill to ensure that what comes out committee is even better than the one that goes in and that we can win the support of everybody in the House.

I would like to end with one piece. I have a mother who is an incredible woman. I got my activism from her. For many years she lobbied, and many of the members in the House have received letters and requests, that victims, specifically of sexual crimes, be put first. I take notice of being able to stand to speak to this bill, of being able to look back, whether it was at the white ribbon campaign against child pornography, or human trafficking or many other things, which the Victims Bill of Rights was originally brought in to help with and now is being applied to the military justice system.

I take a lot of pride in knowing that one Canadian, and I am sure there was at least one in every riding, stood up and put pressure on the government of the day to bring something forward. I take a lot of pride in standing up as a Conservative, knowing that it was our government that brought forward the Victims Bill of Rights. I take pride in knowing that we brought forward this bill, before the end of our mandate. I take pride in knowing that I will be able to be part of this hopeful solution at the end.

[Frank Baylis, Liberal, Pierrefonds—Dollard, QC]

Mr. Speaker, the member brought up a couple of points that I fully agree with. Number one, he said it is important to have a debate on victims rights, and I concur with him on that. He also made the point that this bill really builds on a previous bill by the previous government, Bill C-71, which did not make it through debate, but takes a number of the points on victims rights and puts them into this new bill. I think about the rights to privacy and security for victims of special types of heinous crimes, such as sexual crimes. I think about the ban on publication for minors, people under 18, and I fully agree with all of that.

The member also brought up the point that this bill would add a couple of new positions, things to consider, specifically sentencing when it comes to aboriginals and gender identity. Does he see the opportunity to expand on that and if so, how would he like us to address specifically aboriginals and gender identity?

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, I can hardly wait for the day we get a member representing St. Catharines who asks some intelligent questions, as Krystina Waler will when she becomes the next member of Parliament for St. Catharines.

The member for Barrie—Innisfil has done a fabulous job in articulating the many problems with the government today. As much as Bill C-77 follows up on the legislation we brought forward in the last Parliament under Bill C-71, we have a lot of questions about the way the government actually treats victims in Canada. It always wants to hug a thug rather than stand up for victims' rights.

Even though we are enshrining victims' rights in the National Defence Act, as the previous Conservative government did in the Criminal Code when it made sure that the Canadian Victims Bill of Rights was passed by Parliament, I would love to hear from the member for Barrie—Innisfil about some of the concerns he has about how the Liberals have made crime in this country easier to commit, with less punishment, and how victims' rights have actually been eroded.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, if my French were a bit better, then we would not need the interpretation, but I am working on it.

I do want to clarify something I was saying just before question period. I mentioned the situation regarding the Truro police officer Catherine Campbell and I referred to her as “Christine” Campbell, not “Catherine” Campbell. A good friend of mine is named Christine Campbell and it is easy for me to think in those terms.

Let me go back to question period today. Members of the official opposition, including me, again asked several government members and the public safety minister about the situation with respect to Tori Stafford and the fact that her killer has been moved to an aboriginal healing centre.

In the context of speaking of a victims bill of rights, I cannot believe for the life of me that the government is tripling down on this situation. Tomorrow we will be presenting an opposition day motion to deal with this situation, because Canadians are so outraged by this. Over the weekend, Tori Stafford's father issued a letter to the Prime Minister begging him to reverse this decision, which we are going to ask the government to do tomorrow.

It is my hope that the government will not quadruple down on this and will instead do the right thing. Canadians are outraged by this entire situation. They are outraged that the killer would be allowed to be placed not behind bars and razor wire, but instead be surrounded by trees at an aboriginal healing centre where there are children as well.

The minister tried to answer the question by saying that there are children at the Grand Valley Institution. The fact is that the Grand Valley Institution is entirely surrounded by fences and razor wire and the inmates are in pods behind bars.

The minister is suggesting that the two institutions are the same. One is a medium maximum security prison and the other is a medium minimum security prison. By the minister suggesting that they are similar, he is not being frank with Canadians, and that needs to be clarified.

When I was on the veterans affairs committee, we often dealt with the issue of PTSD and the impact that it has on our serving members. Quite a few forces members came before that committee and spoke about sexual assault and the impact it has. This again relates to Bill C-77. We had quite lengthy discussions at the veterans affairs committee over this and how it relates specifically to military justice and the Canadian justice system.

Bill C-77 is a cut-and-paste version of what the previous Conservative government introduced in Bill C-71 at the end of its mandate in 2015.

The purpose of Bill C-77 is to align the military justice system of Canada with the Criminal Code of Canada. The bill would do this in a number of ways, such as enshrining a victims bill of rights in the National Defence Act.

The Victims Bill of Rights was quite a comprehensive document. The intent of the previous government was, in contrast to the current government, to look after victims and their families to make sure that within the criminal justice system they were looked after. The emphasis in the Victims Bill of Rights was not on criminals but on the victims.

This piece of legislation would enshrine the Victims' Bill of Rights into the National Defence Act, putting a statute of limitations of six months on summary hearing cases and clarifying what cases should be handled by a summary hearing. Bill C-71 would have instituted these changes as well had it passed the previous Parliament.

The main difference between this legislation and Bill C-71 is the addition of the Gladue decision into the National Defence Act. This addition will mean that aboriginal members of the Canadian Forces facing charges under the National Defence Act would face lighter punishments and special consideration if convicted.

We have heard on this side of the House during the debate all day that it could result in sentences that are less harsh versus other CAF members, so the question of fairness comes into it. Members could undermine operational discipline, morale and anti-racism policies.

The vast majority of Bill C-77 is based on the previous Conservative government's bill. We are going to support this bill, but we are going to seek some amendments at the committee stage. Excuse the cynicism, but it is our hope that this bill and some of those amendments that come at committee will be looked at by the government side. I know that we will have lots of stakeholders who come to committee. There will be recommendations from those stakeholders, including first nations communities and other advocates for military justice and civil justice in this country. It is our hope that the government will listen to all the information that comes forward and will deal with some of those considerations. Again, the government has not shown that commitment in the past to being open to many of the recommendations, not just from the Conservative side but from the NDP side as well. We are hoping that the Liberals will do that.

The previous bill had hundreds of consultations. They had stakeholders. Victims and members of communities came forward and spoke to Bill C-71. We landed at a good place with that piece of legislation. However, the Gladue decision certainly made changes to that.

I am fortunate, as you are, Mr. Speaker, to be close to a military base, base Borden, or camp Borden, as it was known in the past. In the time I have spent at base Borden and with base commander Atherton, as well as Chief Warrant Officer Charette, many people who serve have come and gone. When I was the critic for veterans affairs, I used to travel across the country meeting with military members, veterans and stakeholders and their families. The first question I would ask when I was in front of them was how many had gone through base Borden, and the hands would go up. It is the largest training base in Canada. I used to ask how many were at camp Borden, and some hands would go up, and I would say to those people, boy, they were old, because it has not been camp Borden for a while.

It is an integral part of our community, and those members who are placed at base Borden, as Canada's largest training base, come from all over the country. In fact, they come from all over the world to train in languages and other disciplines. I am quite honoured to be able to represent an area that has a military base like base Borden. In fact, there are thousands of people who live in my riding who are stationed at the base and work there in either a military or civilian capacity. They are truly heroes, in my mind.

I try to spend as much time at the base as I can. I was there last week when the United Nations peacekeepers were in town. They were holding their biannual meeting, and I was there for a speech at the base. I went there for dinner and then there was a ceremony at Peacekeepers' Park in Angus.

It plays an important role in our community, and not just an economic role. The connection to the base is one that is valued and cherished, so supporting our military members at all levels, including with this piece of legislation, is critical in what we do here in Parliament as parliamentarians.

In conclusion, I would say that Bill C-77 is an important piece of legislation. We are supportive of this bill proceeding to committee. We think it needs some work and some scrutiny. Therefore, I hope that when it gets to committee, the majority Liberal side will take some of these concerns we have and that stakeholders have and implement this to make it a better piece of legislation.

I would be remiss if I did not speak about something that was a passion of mine. I am really disappointed that it never received support from Parliament. It received support from this side and the NDP side, but not from the government side. It is Bill C-378, which was a private member's bill I proposed about having a military covenant with our military members. We would have been only the second country in the world to establish such a covenant, behind Great Britain, and unfortunately, the government side did not support it. It related specifically to the sacrifice made by veterans. It is something I was very proud to present, and I was very sorry to see that it did not pass through this Parliament.

However, there is hope, because at our policy convention in Halifax just a few short weeks ago, members of the Conservative Party made it a point to ensure that as a matter of policy, a military covenant would be established between our veterans and the people of this country who owe them so much.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, it gives me great pleasure to rise today to speak about Bill C-77, to enact military justice reforms. They say that imitation is the best form of flattery. The government of the day has taken into account many of the proposals that were in Bill C-71 from the previous government, with the exception of adding a couple of things. It has simply copied and pasted that legislation into Bill C-77.

I want to spend a couple of moments on some issues that have come up lately in the House. Throughout the debate this morning, we heard the government side talk about victims and victims' rights. On this side of the House, and in the previous government, I have strongly advocated for the rights of victims, as we did the previous government with the introduction of the Canadian Victims Bill of Rights. It is paramount that governments ensure that they put the rights of victims ahead of the rights of criminals.

Over the course of the last couple of weeks, we have seen some highly publicized situations come up that have gained the attention of Canadians, in large part because of the issues brought up in the House. I will note two cases in particular as examples.

There is the Christopher Garnier case in Nova Scotia. Christopher Garnier murdered police officer and volunteer firefighter Christine Campbell. It was a highly publicized case. Ahead of veterans, Mr. Garnier was receiving PTSD benefits from Veterans Affairs.

Of course over the last week, we have also seen the issue around Tori Stafford come up. Her murderer is now sitting in an aboriginal healing centre in northern Saskatchewan when she should be behind bars and razor wire, which is exactly where she was before.

On the issues of victims' rights, we have to ensure we put them ahead of the rights of criminals. We have not seen that, as an example in the case of the government, over the course of the last couple of weeks. Many of us heard the father of Tori Stafford over the weekend, pleading with the Prime Minister of our country to correct that situation.

Fortunately, tomorrow on opposition day, members of the government side will have the opportunity to stand and do what is right with respect to an opposition day motion we will be put forward. It calls on the Government of Canada, the Prime Minister, and the Minister of Public Safety to reverse the decision of Correctional Service Canada and ensure Tori Stafford's killer is put back behind bars and razor wire where she belongs, not surrounded by trees at a healing centre. The government and its members will have the opportunity tomorrow to do the right thing by standing in support of the opposition day motion.

On the issue of Bill C-71, as I said earlier, the Conservatives will always stand for victims and not criminals. Over the weekend, I had a robust discussion about this very issue as it related to criminals. It was more so about the current legislation, Bill C-71 and Bill C-75, as it relates to the new Liberal gun registry and changes to criminal justice acts, and in particular about the list of many otherwise serious criminal activities being reduced to summary convictions.

In some of the discussions I had around my riding this weekend, people were quite concerned not only with the gun registry and that it did little to tackle the real issue of gangs, gang violence and illegal gun activity, but also with the fact that many of these more heinous and serious crimes would be potentially reduced to summary convictions. The reason for that is the government's inability to fill judicial appointments on the bench and cases are getting backlogged. The government would simply rather slap criminals on the wrist with this potential summary conviction rather than looking after victims' rights and victims instead of criminals.

Part of this legislation, one of the important pieces of it, is the Gladue decision. For the most part, this is a copy and paste of the previous bill, Bill C-71, from the previous Conservative government. However, the main difference between the two would be the addition of the Gladue decision into the National Defence Act.

In effect, this addition would mean that aboriginal members of the CAF, who face charges under the National Defence Act, would face lighter punishments if convicted. That causes problems with respect to the fact that the special considerations for indigenous members could result in sentences that would be less harsh than those of other CAF members. In fact, it could undermine the operational discipline, morale and some of the anti-racism policies of the CAF. It is a concern.

We will support this legislation and get it to committee to ensure we hear from those various stakeholders, such as first nations communities and advocates.

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

Mr. Speaker, as I mentioned, I am supportive of this bill going to second reading, in particular because of the work, as I mentioned, done by a government I served in, a Conservative government that put forward Bill C-71, a bill that truly looked at making sure that the victim came first and that enshrined the principles of the Victims Bill of Rights.

I look forward to it going to committee and contemplating those amendments members and colleagues from the NDP put forward but also those the Conservatives may put forward as well.

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

Mr. Speaker, there is much to like about Bill C-77, which will modernize Canada's military justice system through changes to the National Defence Act. Let me point out that much of Bill C-77 is actually a carbon copy of the former Conservative government's Bill C-71, which was introduced in June of 2015 and defeated here. It never made second reading.

As Canadians are well aware, Conservatives, more than any party, are committed to standing up for the victims of crime and to ensuring that victims have a strong voice in the criminal justice system. It is why we were the party that enacted the Victims Bill of Rights and why the concept of victims' rights was front and centre when we drafted Bill C-71 to ensure that victims also had rights within the military justice system.

As the government's Bill C-77 is based on so much of Bill C-71, I can say with confidence that it benefits from the years of work put in by the previous government to ensure that it was done right. There were hundreds of submissions and consultations held with victims and organizations dedicated to victims' rights in the preparation of that bill. Our legislation proposed that a victims liaison officer be appointed to help victims access information. New safety, security and privacy provisions were proposed to improve the protection of victims. Impact statements at sentencing were included to improve participation, and court martials would have been required to consider making a restitution order for losses. I am happy to see that the Liberals have kept these key points in the bill. Putting the rights of victims back at the heart of the justice system was a priority of our government. Bill C-71 was a serious piece of legislation that focused on modernizing the military justice system by enshrining victims' rights. I am pleased that Bill C-77 does the same.

Military justice is not something many Canadians are very familiar with, as it was and is used only by the Canadian Armed Forces. Most countries with effective armed forces use some kind of court martial or other military court system. Our system comes from the British and was virtually identical to that system until 1950, when new Canadian legislation, known as the National Defence Act, was enacted. Changes to the court martial system have happened steadily and incrementally over the years through legislative amendments by multiple Canadian governments.

In Canada, we have a two-tier tribunal structure in our military justice system. The summary trial is the most common. It allows less serious offences to be tried at the unit level. The other and more formal form of service tribunal is the court martial. The main purpose of a court martial is to support the government's ability to effectively employ its armed forces whenever and wherever necessary.

People ask what this actually means. Why is there a different system? The Supreme Court of Canada has supported the court martial system and its differences in operation versus civilian courts.

In R. v. Généreux, in 1992, the court ruled:

The purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military. The safety and well-being of Canadians depends considerably on the willingness and readiness of a force of men and women to defend against threats to the nation's security. To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently. Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct.

Further, it found:

The existence of a parallel system of military law and tribunals, for the purpose of enforcing discipline in the military, is deeply entrenched in our history and is supported by the compelling principles....

Similarly, in 1980, in MacKay v. the Queen, the Supreme Court noted:

When the National Defence Act is considered as a whole it will be seen that it encompasses the rules of discipline necessary to the maintenance of morale and efficiency among troops in training and at the same time envisages conditions under which service offences may be committed outside of Canada by service personnel stationed abroad.... In my view these are some of the factors which make it apparent that a separate code of discipline administered within the services is an essential ingredient of service life.

The men and women in uniform are held to a higher standard than the rest of us. They maintain that standard with pride and professionalism. The men in my family who served in the armed forces are some of the most dedicated, proper and honourable individuals I have ever known. My grandfather Conway served in the Canadian Army, and my two great-uncles, Jim and Doug Johnson, served in the Royal Canadian Navy. All served in the Second World War. They carried themselves in life as they did in service, at the higher standard they learned in the services, and they would expect no less.

Serving as the member of Parliament for Simcoe—Grey since 2011, I have been honoured to represent some of the greatest Canadians there are: those serving at Canadian Forces Base Borden. CFB Borden has been a focal point in our region since it opened in July 1916. First known as Camp Borden, it was named after Sir Frederick Borden, Canada's minister of militia and defence, our first, from 1896 to 1911. It continues to play a critical role in Canada's military structure.

In 1917, Camp Borden was selected as the location for the Royal Flying Corps Canada, and an aerodrome for the RCAF was built, thereby becoming the birthplace of the Royal Canadian Air Force. Camp Borden's training area was expanded in 1938 and became home to the Canadian Tank School.

In 1940, several other wartime schools followed: the Canadian Infantry Training Centre, the Canadian Army Service Corps Training Centre, the Canadian Army Medical Corps Training Centre, and the Canadian Provost Corps Training Centre. The Cold War brought more schools to CAF Base Borden, including the Canadian Forces School of Administration and Logistics as well as the Canadian Forces Health Services Training Centre. In 1968, Camp Borden and RCAF Station Borden officially merged into CFB Borden.

As a physician, I am particularly pleased that the Canadian Forces Health Services Training Centre is located at CFB Borden. I have had many opportunities to meet the dedicated medical professionals who tend to those who keep us safe every day. In fact, one of the highlights of my public service was my 2010 trip to Afghanistan as part of a CIDA medical mission in which I worked with a number of the same soldiers who trained at Base Borden.

Also located at CFB Borden is the centre that has particular relevance to the bill we are discussing today, the Canadian Forces Military Police Academy. Much as our police forces across the country enforce the rules of law, the military police are responsible for doing the same under the military justice system.

The academy at CFB Borden trains military police, who then serve across the country and around the world as part of NATO and UN operations as well as at Canadian high commissions and embassies. I know that they will welcome the work that has gone into this bill.

It is really a privilege to represent the men and women of CFB Borden. It has been an honour to attend Remembrance Days and other ceremonies with them. I am also pleased to have played a part in securing investments at the base. I treasure the relationships I have developed with specific soldiers who serve there.

When we talk about our open democracy, these are the soldiers who protect it. They are the ones who ensure that we get to live in a kind and generous society. They are the ones who guard our freedoms: freedom of speech, freedom of association and freedoms that individuals in other places around this globe may not enjoy.

I want to thank the men and women at Base Borden, those serving in the armed forces today and those who have served. I thank them for their service, their dedication, and their willingness to put their lives on the line to protect the lives of other Canadians as well as our Canadian democracy.

I am happy that the Liberals took so much of our work on Bill C-71, as we consulted extensively across the country with the military community. I am prepared to support this bill at second reading.

[Earl Dreeshen, Conservative, Red Deer—Mountain View, AB]

Mr. Speaker, I am pleased to speak today on Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other Acts. I will be sharing my time with the member for Simcoe—Grey.

Canada and its justice system are renowned around the world. The previous Conservative government continually showed its resolve to support victims of crime by steadfastly taking actions that ensured that those victims had a more effective voice in the criminal justice system. How did we do that?

I think the important point is that the previous Conservative government enacted the Victims Bill of Rights. It did so to assure victims of crime that they would be assured that their government had their backs. As Conservatives we chose to listen to our constituents when it came to keeping our streets safe, because the public's safety then and always will be our number one concern.

During that time we also recognized the importance of enshrining victims' rights in the military justice system, which is why we introduced Bill C-71 in the previous Parliament. I assume that as Conservatives we should be flattered that the Liberals are copying many of our initiatives with Bill C-77. After all, it is the right thing to do.

When it comes to military justice reform, the previous Conservative government focused on restoring victims to their rightful place at the heart of our justice system. That is why we introduced legislation that mirrored the Victims Bill of Rights and put it into military law. It was the result of several years of work, and took into account hundreds of submissions and consultations held with victims and groups concerned about victims' rights.

Standing up for victims means helping to ensure that they have a more effective voice in the justice system and are treated with the courtesy, compassion and respect they deserve at every stage of the criminal process. Conservative are committed to keeping our streets and communities safe for Canadians and their families. We took decisive, concrete steps to hold offenders accountable for their actions, which are sadly being slowly eroded by the actions of these Liberals. However, it also means that we need to have a fair system for the accused.

The intention of this bill is to make changes to the Canadian military justice system. This bill is similar in many respects to our previous Conservative government's military justice reform Bill C-71. The purpose of Bill C-71 was to align the military justice system of Canada with the Criminal Code of Canada. It would have enshrined victims' rights into the National Defence Act, as well as put a statute of limitations on summary trial cases and clarified what cases should be handled by summary trial. Bill C-77 will institute these changes as well.

However, there are other differences between Bill C-71 and Bill C-77. The first difference is the addition of the Gladue decision in relation to paragraph 718.2(e) of the Criminal Code of Canada, putting it into the National Defence Act. Members of the Canadian Armed Forces should not be discriminated against based on their race, gender, creed or culture. However, special consideration for indigenous members in the Gladue decision that would result in sentences that are less harsh for them than other Canadian Armed Forces members could undermine operational discipline, morale and anti-racism policies. It is important that we reflect on this issue by considering the global context of the engagement of our men and women of the Canadian Armed Forces.

Most countries with effective armed forces use some kind of court martial or other military court system. These court or military court systems can vary significantly from one country to another. However, they all tend to have one thing in common: They provide for trials of charges where there are allegations that military personnel have committed offences.

The Canadian miliary justice system was essentially identical to the British military justice system until the end of World War II. In 1950, new Canadian legislation known as the National Defence Act, or the NDA, was enacted, which provided for a single Code of Service Discipline. The NDA also provided for trials by two different types of service tribunals: court martials and summary trials.

Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, the courts martial system has evolved and now offers more protections for the charter rights of accused persons, particularly at court martials. However, court martials are distinctly military. The judge is a legally trained officer in the Canadian Armed Forces who is appointed by the Governor in Council. The prosecutor is a uniformed legal officer who acts on behalf of the DMP. The trial involves customary military formalities, such as saluting the military judge when he or she enters the court.

Court martials have jurisdiction to deal with military personnel for any offence under the Code of Service Discipline, including uniquely military offences such as desertion and insubordination, as well as other underlying federal offences such as theft under the Criminal Code and possession of a drug under the Controlled Drugs and Substances Act.

Even though members of the Canadian Armed Forces are held to the highest standards of conduct, they do not give up the rights afforded to them under Canadian law, including under the Constitution. Nonetheless, an individual's rights can be limited where they are inconsistent with the basic obligations of military service.

The charter recognizes the existence of a separate system of military justice within the Canadian legal system. Section 11of the charter states:

Any person charged with an offence has the right

...(f) 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.

Our Canadian Armed Forces, as they work shoulder to shoulder with our allies, must be consistent. Special consideration for indigenous members that could result in sentences that are less harsh versus for them versus for Canadian Armed Forces members could undermine operational discipline, morale, and anti-racism policies.

As we think of potential amendments, I hope there will be an opportunity at during committee stage to amend the language regarding the addition of the Gladue decision into the National Defence Act.

It should be stated that the Supreme Court of Canada has directly addressed the validity of a separate, distinct military justice system in three decisions wherein the requirement for a separate justice system for the Canadian Armed Forces has been upheld.

We support our Canadian justice system as defined by our charter and Constitution, and do not support a parallel justice system that would contravene our existing rights and freedoms and would have the potential of creating issues among our own Canadian Forces members and our allies.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, I take offence to the member's suggestion that I passed shade and that we never got it done. We brought forward three different military justice bills to ensure the military justice system lined up with the decisions coming from the Supreme Court of Canada. We also incorporated other legislation. Therefore, three different pieces of legislation were passed with respect to military justice over our 10 years.

When I was the parliamentary secretary to the then minister of justice, I was involved in two of them. At the end of that was when we were trying to bring in changes to the Victims Bill of Rights, which had only been in place for a couple of years, to ensure we incorporated that. Those were written, tabled and brought forward just before the last election. That is why our bill, Bill C-71, did not happen.

However, It has been sitting on the minister's desk for the last three years and we are only dealing with it now. I take some leave in knowing that he had to deal with the issue of the Gladue decision and had to try to incorporate that into the language. However, that is a very small part of the bill.

Overall, we need to ensure that Bill C-77 respects victims' rights. We need to ensure that we have all of the resources there to uphold the military justice system. That is why I am very concerned about the Beaudry decision.

Finally, the provost marshal and the military police need to continue to get the resources they need to carry out the different investigations they have to undertake to ensure we have that code of conduct in good order within the Canadian Armed Forces.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, it is a pleasure to rise and speak to Bill C-77, an act to enhance victims' rights in the military justice system, an act to amend the National Defence Act and other related acts.

First and foremost I have to thank those who serve in the Canadian Armed Forces. The men and women in uniform who serve in the regular forces, the reserve force in all the disciplines and all the different trades take on an important task in keeping us safe here in Canada in dealing with our foes abroad. As long as we have adversaries who want to do harm to us here in Canada as well as to our allies, we need to have a standing force to protect Canada.

It is because of the skills required to be a soldier, an airman, an airwoman, a sailor in the Royal Canadian Navy, our air force and the army, the people that we need to do that job need the support of the Government of Canada, and it does that through the National Defence Act.

A lot of people who might be hearing this debate today for the first time may not understand why we have a separate military justice system within the National Defence Act for the Canadian Armed Forces versus the court system that we have for civil society across this country.

People need to understand that the Canadian Charter of Rights and Freedoms is the hallmark piece of legislation, our Constitution, that even the National Defence Act is subordinate to and has to follow the laws as are written under our rights in the charter.

The Supreme Court of Canada has stated on numerous occasions, and most recently in the Moriarity decision, that the purpose of Canada's military justice system is “to maintain discipline, efficiency and morale in the military”.

By allowing commanding officers as well as non-commissioned officers to have the ability to have efficiency and discipline within the armed forces means stronger morale, a better-abled armed forces, so they can carry out the duties that are bestowed upon them from time to time in operations by the Government of Canada.

As I already mentioned to the minister, I am glad to see that the government has moved ahead with our old Bill C-71, which would put within the Code of Service Discipline a declaration of victims' rights, something that the previous Conservative government did, as constituted in law, and now is making sure that the military justice system and that victims' bill of rights would be respected within the National Defence Act.

Some of those rights that we are talking about for victims are: the right to information, so that all victims would have general information about the military justice system; what types of victim services would be available through the Canadian Armed Forces and National Defence; and what type of information they would need. They would be able to hear about the progress of the case as it moves forward and also get all of the information relating to the investigation, prosecution and sentencing of the person who did the harm.

I talked earlier about Operation Honour. That information is critical in making sure that we respect the victims of sexual misconduct within the Canadian Armed Forces. This legislation would make sure that the armed forces provides those services.

There is the right to protection, the same thing that we have in civil society. All victims would have the right to security and privacy considered at all times through the military justice process. The armed forces would take reasonable and necessary measures to protect victims from intimidation and retaliation. A victim's identity would not be disclosed to the public.

The right to participation comes down to the victim having the right to have a victim impact statement put into the proceedings and read at the time of sentencing. Military justice professionals would have to consider these at all stages of the proceedings.

Finally, there is the right to restitution. In the event that there is the ability to provide some financial assistance to cover losses from the criminal activity that took place, the victim would have the right to restitution.

One thing that we would now see in the Canadian Armed Forces is the addition of the victim's liaison officer. This individual would proactively work with victims in their choice of jurisdiction for sexual misconduct matters. The liaison officer would help victims with the investigation and trial process, keep them informed, listen to them and get their views to determine how public interest is moving forward on that prosecution.

Witness preparation will be improved through this process because of the addition of the victims rights officer. They will make sure that the comfort and security of the victim are always taken into consideration. They will look at everything from the type of effort that prosecutors need for all of the information regarding the victim impact statement, and during sentencing in particular, to looking at maintaining the consistency of prosecutors throughout the court process. It is critical to make sure that prosecutors are using the same type of parameters in moving forward. That has to be paramount. Finally, these sexual misconduct cases would be expedited ahead of other trials that might be ongoing.

As Conservatives, we have always stood up for victims' rights. We believe that victims must have an effective voice in the criminal justice, which includes the military justice system. As I said, it was the previous Conservative government under Stephen Harper that brought forward the Canadian Victims Bill of Rights, and now we would be enshrining those rights into the military justice system through Bill C-77. That is why we introduced Bill C-71 last Parliament in the last session.

We are going to be supportive of this process with the government, but are wondering why the Liberals took so long. We know they are copying our bill because it is the right thing to do. Everyone wants to stand up for the victims of crime, and of course we will want to study this further once it gets to committee.

Putting the rights of victims at the heart of our criminal justice system is important to ensure that victims have a more effective voice within the justice system, and that they are treated with courtesy, compassion and respect at every stage of the military criminal justice process, as well as in the civilian criminal justice process. This is about reversing the trend of criminals always getting breaks. We want to make sure that we keep our streets and communities safe, and that families of victims have an effective voice.

As Conservatives, we are very proud of our record with respect to the criminal justice system. It speaks for itself. We enacted the Safe Streets and Communities Act and reformed the not criminally responsible legislation. We also brought in laws against sexual exploitation, cyber-bullying and cyber-intimidation.

We believe that victims should always be placed at the forefront in the criminal justice system because they deserve and should have the right to information, the right to protection, the right participation, and where possible, the right to restitution. That is why we passed the Canadian Victims Bill of Rights. It enshrines that in legislation. We are finally doing that through Bill C-77 in the military justice system.

Although we are all here talking about standing up for victims, I have been very disappointed over the last two weeks from seeing the government's response on the Tori Stafford case regarding Terri-Lynne McClintic. She has been put into a minimum security healing lodge in Saskatchewan where there are other children. She is the child killer of Tori Stafford. If we really believed in supporting victims' rights, there is no way that Terri-Lynne McClintic should be in a healing lodge. She should be behind bars in at least a medium security facility that has a fence, where she can be properly monitored and can receive the counselling she needs.

I will also note Chris Garnier, an individual who killed off-duty police officer Catherine Campbell, is sitting in prison and receiving Veterans Affairs benefits for PTSD that he got from killing Officer Campbell. There is no way that this individual should be given any veterans benefits, but the government refuses to rescind the services being offered to him. Garnier could get PTSD counselling through the Correctional Service of Canada. He does not need to be taking away benefits from veterans when he is not a veteran himself. He got ahead of the line of actual veterans trying to get help for their operational stress injuries.

Then of course we have Bill C-75, which I call the Liberal hug-a-thug bill. The Liberals have brought forward this legislation that reduces fines, penalties, and incarceration time for individuals for 26 different offences that right now are indictable and result in jail time, instead making them summary conviction offences. This could mean just getting a fine instead of jail time.

To get back to why we have a military justice system, I will read an old quote from Maurice de Saxe, who was a marshal general of France. He noted in a 1732 treatise he wrote on the science of warfare that “military discipline...is the soul of armies. If it is not established with wisdom and maintained with unshakeable resolution you will have no soldiers. Regiments and armies will only be contemptible, armed mobs, more dangerous to their own country than to the enemy.”

That is why we have a court martial system. It is also why we have summary hearings so that the chain of command is able to deal with disciplinary measures. We always have to remember that since the earliest of times, members of the Canadian Armed Forces have been given great responsibilities in exercising those duties to protect this country. When we go back to our British history and operations, they were always governed by articles of war that were proclaimed by the monarch. Articles about different military offences and punishments at that time included the death penalty, or someone would have their head shaven if they were not conducting themselves in a respectful manner. The military has that ethos and the code of service conduct that its members have to respect. It is critical that the military function under that very hard discipline. When people are going into battle, service members standing next to each other must be bound by that same code and conduct themselves in like manner and be able to trust each other with their lives.

It is because of that history, the operations we undertake, and the creation of the National Defence Act in 1950 that we have this two-tiered system.

Members of the Canadian Armed Forces are often required to risk injury or death in their daily performance of their duties inside and outside Canada. They often have to use lethal force in an operation. They are going to be commanded to be the aggressors at times and they all have to be responsible under the chain of command. Of course, those activities and operations are sanctioned by the Government of Canada. That is why there has to be a military justice system that is separate from the civilian system and that puts a premium on the necessity for discipline and cohesion of military units.

The operational reality of the military has specific implications holding military members to a higher standard than what is expected of civilians. That is why there are the summary hearings or summary trials, as they are currently called, that deal with those disciplinary matters. It builds morale within the Canadian Armed Forces when everyone is marching in the same direction.

The realities of military life were acknowledged by the Supreme Court of Canada in its 1992 decision in the Généreux case. It stated that:

The purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military. The safety and well-being of Canadians depends considerably on the willingness and readiness of a force of men and women to defend against threats to the nation's security. To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently. Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct. As a result, the military has its own Code of Service Discipline to allow it to meet its particular disciplinary needs. In addition, special service tribunals, rather than the ordinary courts, have been given jurisdiction to punish breaches of the Code of Service Discipline. Recourse to the ordinary criminal courts would, as a general rule, be inadequate to serve the particular disciplinary needs of the military. There is thus a need for separate tribunals to enforce special disciplinary standards in the military.

In light of that decision, I think it is key that a person must be punished severely, efficiently and with speed. In the current situation of civilian courts, that would not happen. We have murderers who are getting off from their crimes because their jurisprudence has not been respected under the courts and their cases have been thrown out because of the time it has taken to actually get them to a hearing.

The charter also recognizes the existence of the separate system of military justice within the Canadian legal system. If we look at section 11 of the charter that deals with the proceedings of criminal and penal matters, it talks extensively about the right to a fair trial. However, section 11(f) says:

Any person charged with an offence has the right...(f) 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;

Therefore, the charter specifically says that we have the right to have a separate and distinct military justice system. That has been upheld now in three separate decisions, most recently in 2015 in the Moriarity decision. In each case, the court has upheld the requirement for a separate justice system in the Canadian Armed Forces.

In Généreux, the Supreme Court found that the existence of a parallel system of military law and tribunals for the purpose of enforcement and discipline in the military “is deeply entrenched in our history and is supported by compelling principles.”

When we start looking at some of the decisions going forward, and of course the one just delivered by the Court Martial Appeal Court in the Beaudry case, I do not know if they have looked significantly at the decisions already made by the Supreme Court of Canada. The reality is that the Supreme of Court of Canada has decided that we need to have a separate military justice system, a court martial process, as well as a summary hearings proceedings to ensure that we have that discipline and that morale is there, so that we have an efficient armed forces that can deal with the threats of the day and that everyone is then working hand in hand.

In the MacKay case, there was a similar note when the National Defence Act was considered as a whole. it reads:

When the National Defence Act is considered as a whole it will be seen that it encompasses the rules of discipline necessary to the maintenance of morale and efficiency among troops in training and at the same time envisages conditions under which service offences may be committed outside of Canada by service personnel stationed abroad. […] In my view these are some of the factors which make it apparent that a separate code of discipline administered within the services is an essential ingredient of service life.

Again, that comes back to the fact that our troops are deployed in places like Iraq, Ukraine, Latvia, Mali, and in past in places like Korea and Afghanistan, and across Europe in World War I and World War II. The reason we have it is that if crimes are committed overseas, those military members will still be bound by the military processes and the military justice that we have under the National Defence Act.

Again, in the Moriarity decision, the Supreme Court upheld the constitutionality of paragraph 131(1)(a) of the National Defence Act, which incorporates offences under the Criminal Code and other acts into the military justice system, because the court acknowledged that the behaviour of members of the military relates to discipline, efficiency and morale, even when they are not on duty, in uniform or on a military base. This comes back to Operation Honour, which we are engaged in right now and which has been carried out very effectively by the Canadian Armed Forces. It is not just when one is wearing the uniform and is on duty that it matters, but it is an ethos and code of conduct that Canadian Forces members have chosen to uphold at all times, whether on duty or off .The Supreme Court of Canada has recognized that. Therefore, if there is any sexual misconduct, it can be dealt with.

In closing, I have to say that I am very concerned about the effect of the Beaudry ruling. I am glad that the government and the minister have appealed that decision to the Supreme Court, because it contradicts two other recent rulings of the Court Martial Appeal Court. Essentially what they are trying to do is to wipe out the military's ability to prosecute any civilian offences within the Canadian Forces.

To close, I will read the dissenting opinion of the chief justice of the Court Martial Appeal Court, the Hon. Richard Bell. He wrote that Parliament had intended to include the offences under paragraph 131(1)(a) of the National Defence Act as “offence[s] under military law tried before a military tribunal” when drafting subsection 11(f) of the charter. He noted that “Parliament was presumably aware of the legal consequences of the military exception set out in subsection 11(f) of the Charter, and there is every indication that it intended to exclude persons subject to the Code of Service Discipline from the right to a trial by jury when it conceived that exception”.

I have to agree with him. I hope we can put stronger language into Bill C-77 to respect that type of legal opinion.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, the minister mentioned that the legislation was originally proposed at the end of the last Parliament, as Bill C-71. It has been three years, and we are only getting to it now, as Bill C-77.

After a review of the legislation, Bill C-77 versus the old Bill C-71, other than adding some language for the Gladue decision, as well as changing the terminology around summary hearings and summary trials, there was not a whole lot more there than what was there previously.

Why would it take three years for the government to introduce this legislation?

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, it is a pleasure to join the debate and to follow my friend from Edmonton on Bill C-77. It is about military justice and some consequential amendments to other acts.

I want to say that the previous speaker from Edmonton is a huge supporter of our troops and we will be talking a lot about the Canadian Armed Forces one on one in the coming days because of that support within his family for our armed services. He answered a very simple question at the end in a way which certainly the Liberals would not recognize in the House that, yes, Bill C-77 is very similar to the Harper government's Bill C-71.

The Liberals only use the name “Harper” when they have to hide from their failures. They are trying to project that everything going wrong now with the pipelines, with their own abysmal record of putting a murderer ahead of veterans at veterans affairs, is somehow Harper's fault. They say that everything is Harper's fault. There is never accountability on that side of the House. I hope they go back to their ridings this weekend and reflect on that. They have been in government for three years pretty much and they should start taking ownership for their failures.

This bill is so similar to Bill C-71 that we certainly want to see it go forward. We want to see the impacts. There really are only a few small differences between Bill C-71 from the Conservative government and Bill C-77. I should explain to people who are following this debate why Bill C-71 did not pass. It was introduced late in the fourth year of the term and did not receive royal assent.

Essentially, there are only three changes. There are some changes with respect to the impact of the Gladue decision in respect to the sentencing of indigenous peoples. We will have to see how that application goes with military justice because certainly all Canadians, regardless of background, choose to join the Canadian Armed Forces and therefore adopt their ethos and code, the code of conduct expected in the military justice system and the National Defence Act.

I would like to also compliment the Canadian Armed Forces, which in the last 10 years through the aboriginal learning opportunity year, the ALOY, at the Royal Military College and a number of recruiting initiatives, are trying to make sure that first nations see themselves more in the Canadian Armed Forces and important institutions like that.

I am very proud of the fact that when I spoke in the U.S. Capitol building on the recognition of the First Special Service Force, the Devil's Brigade, the first special operations unit where Canadians and Americans served alongside each other, the only veteran I mentioned individually by name was aboriginal veteran Tommy Prince, the “prince of the regiment”, as he was known for unbelievable bravery and cunning while he was part of the Devil's Brigade.

While I am on that note, this is how we should approach the modern age. Rather than stripping names off buildings like the Langevin Block, let us put people up today. Let us highlight people like Tommy Prince. Our most accomplished sniper of the last war was an aboriginal Canadian from the Muskoka area in Ontario. The member from that area has talked about him quite a bit. We should highlight people that were overlooked in history rather than remove or erase people who are here from our history. However, that is a diversion.

The other two differences are some changes to absolute discharge provisions between the last bill and this bill and some terminology changes. Instead of a “summary trial” it will be a “summary hearing” and those sorts of things. That is why, as my friend from Edmonton said, of course we want to see this bill go through. This was one of the bills to really bring the military justice system and the National Defence Act in line with modern Criminal Code amendments. That was a huge accomplishment from the Conservative government. Once again, we will not hear the Liberals talking about this, but when it comes to putting victims at the front of our justice system and modernizing our Criminal Code to make sure that it addresses cyberbullying and changes in technology, we were always trying to do that to make sure that the victim was not forgotten in the criminal justice system.

While I am speaking on national defence, which everyone in this House knows is very personal for me, I think the most formative years of my life were the 12 years I served in the Canadian Armed Forces. I left it having taken more from that experience than I had to give for my country. I left without any serious injury. I left before the Afghanistan war. I know people who were injured and killed in that conflict.

Therefore, I feel a sense of responsibility as a Canadian and as a parliamentarian to make sure that our Canadian Armed Forces and our veterans are supported. That is why we are talking justice and we are talking the military.

It is an affront to the military, to veterans and to our justice system that the Prime Minister of Canada stood in the House and defended a convicted murderer receiving treatment.