Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Opposition Motion—Justice

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, imagine a place surrounded by trees and greenery. Imagine a place where individuals live in units with kitchenettes, fine linen, nice tables, and beds and playrooms for their children. Imagine a place where there is actually a playground where children can unite and engage in fun activities together.

Now imagine a place where there are people who have committed heinous crimes who also occupy this space. Imagine further that this space has no fences and no visible security. This is the place where McClintic, a child killer, currently resides. This is a woman who killed an eight-year-old girl on her way home from school one day. This is a woman who committed an incredibly heinous crime, and she resides in this place. It is called a healing lodge, in Saskatchewan.

To better understand just how troubling this is, we have to take the opportunity to understand the gravity of what happened to Tori Stafford, the eight-year-old girl of whom I speak. We must familiarize ourselves with the uncomfortable facts. This is where the Liberals and the NDP members among us get uncomfortable. They do not like to look at the facts of this story. They do not like to consider what happened to Tori Stafford on that dreadful day on her way home from school. They do not like to enter the courtroom and the hearing that took place in 2012, when the convicted murderer recounted the grisly details.

However, if we were to enter that courtroom and listen to some of those details, here is what we would hear. We would hear the story of a little girl who was eight years old who headed home from school one day. She was asked by an adult to come and see a puppy, a shih tzu puppy, as McClintic recalled. This little girl, eager and excited to visit this puppy, made her way over to the car. At that time, Tori Stafford was shoved into the car and driven to an undisclosed location. On the way, garbage bags were picked up at the Home Hardware store. Tori was then taken to the middle of nowhere, where she was raped multiple times and then beaten to death with a hammer. Tori's body was put into garbage bags and then disposed of in the woods.

I have spared this room the most gruesome details, but in this room, the Liberals and NDP members are incredibly uncomfortable with even what I just shared, because they would like to pretend that these details did not actually happen to an eight-year-old girl by the name of Tori. They would like to attack us on this side of the House for bringing these details up, as if we are somehow engaging in poor decorum, but these are the details that were disclosed in the courtroom by the killer, McClintic. That day in that courtroom, McClintic was sentenced, for first degree murder, to life without parole.

Today is about standing with the Stafford family, Victoria's loved ones. Today we have the opportunity to take a stand for justice for Tori. Today we have the opportunity to insist that the right thing be done, so Conservative members on this side of the House have put forward a motion to show our solidarity in standing with the Stafford family.

We call upon the House to support this motion, and that is this:

That, given Terri-Lynne McClintic was convicted of first-degree murder in the horrific abduction, rape and murder of eight-year-old Tori Stafford, and was moved from a secure facility to a healing lodge without fences and where the government has confirmed the presence of children, the House condemn this decision and call upon the government to exercise its moral, legal and political authority to ensure this decision is reversed and cannot happen again in other cases.

That is a very important line. Today we stand with the Stafford family. Today we call for justice for Tori. We do it for the present, but we also do it for the future. We look to those who are to come. We look to our justice system. We have to defend the victims that do exist and that will exist. We have to insist that this place, the House of Commons, the Parliament of Canada, where 338 elected representatives sit, does the right thing. In this case, that is reversing the decision to move McClintic to a healing lodge.

Why is this important? It is important that we have this discussion today for a few reasons. First is that the government would like to abdicate its authority, and second is that the Minister of Public Safety called the actions of child killer McClintic “bad practices”. Those were not “bad practices”. There is a reason this room does not like it when I stand up here and describe what happened to that little girl. It is because they were more than bad practices. This was a little eight-year-old girl whose life was taken. Canadians from coast to coast are rightfully outraged about this. They have every right to be, and I stand with them.

This summer, the Prime Minister said this about Canadians:“We are there for each other in times of difficulty..., we lean on each other and we stand strong”. I wonder where he is in that picture. Where is he? Where is he when Rodney Stafford needs to lean on someone for justice? Where is he when Rodney Stafford needs people to surround him and support him in his gravest need? Where is the Prime Minister? Where is the government when there is an opportunity to take a stand for justice? It is silent, absent and abdicating authority.

This injustice saw an eight-year-old lose her life and a mom and dad be forever robbed of their little girl. The Prime Minister and his government are trying to shirk responsibility and place blame elsewhere, but the fact of the matter is that the Prime Minister has the ability to reverse this decision. The government has the ability to put McClintic back in the facility where she belongs.

Tori's father recently wrote to the Prime Minister and said that not all issues are political. “Some are moral”, he said. The Liberals have accused us of being political, but I would ask them to heed the words of Rodney Stafford, this little girl's dad, because he has said to the Prime Minister that not all issues are political. Some are just moral, and this is one of them. This is a moral issue. It is an issue of right and wrong. This in an issue where the Prime Minister has an opportunity to reverse a decision that never should have been made but unfortunately was. He has the opportunity to do the right thing now, to do the moral thing.

It is always right to do the right thing. It is always wrong to do the wrong thing. In fact, some acts are always wrong, because they go against a fundamental or basic human good that should never be compromised. We would all agree that some of those things include killing, torturing and raping an innocent human being. These things are just wrong, full stop.

The Liberal government's moral compass appears to be broken. Unfortunately, it is not able to hear these things. Instead of standing with victims, it is more comfortable finding itself on the side of criminals. For example, Bill C-75 is a piece of legislation the government has just introduced that would actually decrease sentences for things like genocide, terrorism and forced marriage. In addition, it gave $10 million to Omar Khadr, a convicted terrorist. For Chris Garnier, who murdered an off-duty cop, it gave him veterans benefits for the PTSD he acquired because of the murder. Now with McClintic, it is happy to see her go to a healing lodge, where she is not held accountable for the crime she committed.

Edmund Burke said, “The only thing necessary for the triumph of evil is for good men to do nothing.” I am calling on this House today to do something. Do not allow evil to triumph. Do not allow this grave injustice to be committed against Tori and her family. This House has the opportunity to take a stand for righteousness, to do the right thing, to act morally, to stand with Rodney Stafford and to reverse the placement of McClintic in a healing lodge.

I am calling on all Canadians to participate with us, to call their MPs and to make their voices heard.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, today I will be splitting my time with the hon. member for Lethbridge.

The motion before us is very simple. For anyone watching, it calls upon the House to condemn the decision to move Terri-Lynne McClintic, a convicted child rapist and murderer, from a facility where she was behind razor wire and bars to a facility that has kitchenettes and where children are present and there is no fence. This woman has served only a very short part of her life sentence. In 2012, moreover, she was convicted or pleaded guilty to violently assaulting another inmate.

What I want to do for everyone who is watching is to rebut all of the talking points being used by the Liberals and the NDP in the House today. That way when people phone Liberal and NDP MPs, they can rebut their talking points with some facts.

First of all, the Liberals are saying that Stephen Harper did this. They say that about everything. However, in this case, the transfer from a medium-security facility where this vile, disgusting woman was behind razor wire and bars to a healing lodge where there is no fence happened a few short months ago. As much as the Prime Minister would like to make this Stephen Harper's fault, this occurred recently. Things happen. That is what happens when a party is in government. How one should be judged is by one's response to it. The reality is that the Liberals have been hiding behind their bureaucrats on this. That is myth buster number one.

Number two is that the Liberals say we need a review. Why do we need a review in this case? This woman will likely never be allowed to be around children again. She murdered and violently defiled a young girl. She has assaulted prisoners. She should not be afforded a spot in a healing lodge, which is normally reserved for someone who is close to release. We do not need a review of this case. She should not be in this facility. We should just be doing the right thing.

Number three, this is about the role of healing lodges. Okay, let us make it about the role of healing lodges. Healing lodges are for aboriginal and first nations people. It has been reported in the media that family members have said this woman does not fall in that category. As well, I have seen experts in this area say that a program like this should be used for someone who is close to the end of their release. This woman is nowhere close to the end of her release, thank the Lord, and she is probably taking up the spot of a first nations person who needs this treatment. Members can push back against the Liberals on that. For the Conservative Party this is not about the role of healing lodges. We are not opposing them in general, but we are opposing one being used in the case of this disgusting woman.

Number four, this is about respecting the rule of law. Both the Parliamentary Secretary to the Minister of Justice and the Parliamentary Secretary to the Minister of Public Safety, as well as the NDP, have said there is not enough information and that discussing this case is not the role of Parliament. I do note that the justice minister herself, after the Colton Boushie not-guilty verdict this year, stood up and tweeted that she was committed to ensuring justice for all Canadians. Thus, she commented on the verdict of a trial, implying that justice was not done. She did that and then she met with the family associated with the case. Then, she tabled legislation immediately to change the process by which juries are selected in this country in Bill C-75.

What I do not understand is how the Liberals can condemn a decision of a trial by jury, make changes in this place, and then stand up and embrace themselves in the warm fuzzy cloak of their bureaucrats. The reality is that the government has intervened and it should not be using a double standard. The Liberals either are doing this or they are not.

The next Liberal talking point is that they cannot do anything. They are patently wrong on that. For those who are listening and are about to call their Liberal MP, as they should, here is what they can say. Section 6 of the Corrections and Conditional Release Act gives the Minister of Public Safety the power to issue directives in all areas relating to Corrections Canada, including what we are talking about today. Also, section 96 of the same act gives cabinet the authority to pass regulations determining eligibility for confinement.

To give concrete examples of where this authority has been used, the Minister of Agriculture, when he was the public safety minister in a previous government, reversed a decision to send a cop killer to a minimum security prison in B.C. using this authority. A Liberal government has already done this.

When Stockwell Day was the public safety minister, he issued a directive that all first degree murderers must spend a prescribed amount of time in a maximum security prison. The current Liberal government could issue a similar directive pertaining to child killers and this would be fixed. The Prime Minister could convene a cabinet meeting to specifically deal with this particular directive, and this could be fixed immediately.

This is not about a review. The facts are clear. The facts have been presented to the public. Everyone knows that this woman should be nowhere near a minimum-security prison. It is completely up to the government to choose to do the right thing, and it is refusing to do so.

The other reason I know that the Liberals recognize that something is wrong is that journalists have been reporting that the lodge employees themselves, when they are being called to answer questions, are now not releasing information they have released in the past. Clearly, the government is trying to intervene to make sure that this does not become a public relations disaster for it, when it should be focusing on the rights of the victim's family and ensuring they are not re-victimized.

Frankly, going back to the point on the healing lodge, where is the healing lodge for the victims of this family? I will be honest. I will not stand in this place on behalf of Canadians and defend the rights of this child killer, who has been convicted and needs to receive a significant penalty for her crimes. We should be focusing completely on the rights of Tori Stafford's family, for justice for this little girl. This woman should not be in this healing lodge.

The next thing I want to talk about is the Liberals' repeated point that having children in this lodge is normal, but the reality is that this particular healing lodge was under investigation by the public integrity commissioner as little as two years ago, because employees had been bringing their children to this facility. Therefore, there already are problems with this facility with children being brought there. McClintic should be nowhere near children.

The Liberals should not be normalizing this at all. This woman should be nowhere near children. She does not have children and does not need to reunited with her children. She should be kept away from children. There should be no children there. It is as simple as that. If someone phones their MP complaining about the issue, they should say, no, she should not be in this lodge, period.

The next point is that the Liberals are trying to spin this issue, as they did this weekend. I was on a panel with the Parliamentary Secretary to the Minister of Justice, who said he was going to chastise me for using inappropriately graphic language. The Minister of Public Safety went on a national television program and called what Terri-Lynne McClintic did “bad practices”. We have given him opportunities to stand and apologize. What does this decision do? It normalizes this activity. It says that this is a bad practice. I feel we should be reminding the public safety minister over and over again about the disgusting things this woman did so that he can get into his head that this is not a bad practice, but something that needs to be fixed.

Those are the talking points, and I am now going to appeal to my Liberal colleagues. We can get angry with each other here, but I would ask them, in their heart of hearts, to put themselves in the shoes of this man when he was writing the Prime Minister this weekend and do the right thing.

Everyone who is watching today should call Liberal members of Parliament and respectfully and politely tell them to do the right thing. This is not about partisan politics; this is about right and wrong. All of the bureaucrats at Public Safety who might be sitting in the lobby today should give their heads a shake, too. This policy should be changed, this woman should not be in this lodge, and we should be supporting this motion to ensure that a policy reversing this decision is passed to make sure that this never happens again. We need to stand behind the rights of this family. That is what we are here to do and what the executive branch is here to do.

To everyone in the House today, this motion is a no-brainer. It was passed in the Ontario legislature unanimously. Let us just get this done. Let us not make Mr. Stafford and his family come to Ottawa to protest this. Let us not re-victimize him. Let us vote for this and do the right thing. Let us get this done.

[Tony Clement, Conservative, Parry Sound—Muskoka, ON]

Madam Speaker, the hon. member has raised a good point. It is almost like asking why the sky is blue. Why do Liberal members continue on a course of conduct that totally defies common sense and the sense of justice that most Canadians feel?

We saw this in the case of the cop killer who was given veterans benefits until that was reviewed. I saw it in the justice committee when we were reviewing Bill C-75, the omnibus justice bill. Over 136 offences are going to have their sentences watered down because of a Liberal bill.

As sad and as bad as it is about Terri-Lynne McClintic, this is also about a course of conduct by the current Liberal government to water down and ignore the sense of justice Canadians feel. They have a tin ear when it comes to that sense of justice Canadians have. This is yet another example of that.

National Defence Act

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

Madam Speaker, it is a matter of misplaced priorities. As I sat through this debate today, I heard members on the government side stand and say that they are defending victims, yet as an example of what my hon. colleague said, in the last couple of weeks, we have dealt with the Christopher Garnier situation and the Tori Stafford situation, where her killer is, effectively, in a minimum-security prison. What is interesting is how that relates to Bill C-71, currently in the Senate, the new Liberal gun registry and the contrast and hypocrisy with respect to Bill C-75, summary convictions. I know that my hon. colleague listed just a few of what those summary convictions are, but it speaks to the essence of the fact that the government has a judicial backlog, and its answer to that backlog of court cases is to reduce these sentences to summary convictions.

Does my hon. colleague not share the same hypocrisy Canadians are seeing with respect to the pieces of legislation and how hypocritical and contrary they are to each other in the overall Liberal narrative?

[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.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, actually, this is not theoretical. We can come back to Bill C-75, the reduction of sentences bill that aims to reduce 26 various criminal offences from indictable offences to summary conviction. One is the offence of belonging to a terrorist organization, or to a gang, and a whole host of others. There are 26 different offences it is saying we need to reduce the sentences for.

He would probably say the same thing here, that we have talked about this too much and let us just get on with it, but Canadians need to hear these things and understand that the Liberal government is committed to watering down any kind of protection that victims have in our country. We need to keep saying that again and again until it soaks into the Liberals' thick skulls that they need to start figuring out some way they can step forward and protect victims, instead of always taking the side of the offender against those people who have paid the price for these people's bad and illegal behaviour.

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, the hon. member did not really answer my question or the question from the hon. member for Kingston and the Islands but wants to talk about a completely different issue, which is Bill C-75. I will ask a question about that and hopefully get an answer.

The previous government, in power for 10 years, did nothing with a particular hybrid offence, which is sexual assault, which I think we would all agree is one of the worst offences in the Criminal Code. Why did the former government not do anything about that? That is question one.

If the member cannot answer that, is he opposed to the changes in Bill C-75 because he does not trust police officers or Crown prosecutors to give the right charge in the right circumstances?

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

Mr. Speaker, that is a terrific question. All we have to do is look at the evidence of the government, via its actions. This is a government, and I have said this many times in this House, that loves governing by Twitter, Snapchat, Instagram and Facebook, because with those 140 characters, or 280 now, and the way it controls them, it can really manipulate the message.

However, the way the government actually conducts itself on issues of victims and supporting criminals, there is evidence after evidence, as has been going through the House over the last couple weeks, with the Tori Stafford situation, the Catherine Campbell situation in Truro, Nova Scotia, and Omar Khadr. The list goes on and on.

This weekend I was speaking to the Ontario Federation of Anglers and Hunters. We were talking specifically about Bill C-71, which is the government's new gun registry, its answer, supposedly, to solving the gangs and criminal activity situation. In fact, what the government is doing is actually going after law-abiding firearms owners in this country.

It gives the government and the Liberal MPs a chance to go to their municipalities and say that the government is doing something tough on crime, but in fact, what it is doing is penalizing the wrong people. It is not solving a problem that exists in this country.

Bill C-75 is another example of that, with the amendments to the Criminal Code and the summary convictions, taking some of the most egregious and heinous crimes in this country and reducing them to a slap on the wrist, because the government has an inability to put judges in place to deal with the backlogs in the courts. The government would rather see criminals go free than criminals go to jail. That is the way these Liberals operate.

[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.

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, I again would like to thank the hon. member for his commitment to our men and women in uniform. He is a passionate advocate.

In my previous comments, I asked a couple of questions. He answered the first but not the second, so I will go back to the second question. During his speech, he mentioned Bill C-75. The government is planning to make certain offences hybrid. Under the Criminal Code of Canada, sexual assault is a hybrid offence and is one of the worst things of which I can think. For 10 years, under Stephen Harper, why did the government not change that? Is it that the hon. member does not believe police officers and prosecutors should be trusted to charge individuals under the right offence?

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, it is good to know that the hon. member sounds very supportive of the bill. He threw a bit of shade at the government for not getting it done, as we are into our final year.

It is good to see the government getting it done. We did not see it getting done under 10 years of Stephen Harper. However, he also went into a few barbs against the government, one in particular with respect to Bill C-75 and hybrid offences. One hybrid offence in the Criminal Code of Canada is sexual assault, which is one of the worst crimes of which I can think. Why did the Conservatives not change that from a hybrid offence to a straight indictable offence? If he cannot answer that, does he not trust police officers and prosecutors to lay the right charge once Bill C-75 passes?

[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.

[Murray Rankin, NDP, Victoria, BC]

I would like to turn to B'nai Brith and Mr. Herman. I really appreciated your powerful and persuasive presentation. To my friend Mr. Fogel, I say the same. Thank you.

I thought your eight-point plan to tackle anti-Semitism is excellent. Of course, a lot of it, as you will agree, is not at the federal level, nor specific to Bill C-75, so I wanted to focus on those matters that may be pertinent here.

The first, and you referred to it, is the publishing of the Attorney General guidelines for sections 318 and 319 so that we have a better chance to know how to get on the right side of the law, if I can put it that way. But then you said that the prosecution process is currently opaque and open to charges of political bias. Could you elaborate on what that means?