Bill C-77 (Historical)

An Act to amend the National Defence Act and to make related and consequential amendments to other Acts

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 a right 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 hearings;
(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) on application, make publication bans for victims under the age of 18 mandatory;
(g) in certain circumstances, require a military judge 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;
(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, as a principle of sentencing, that particular attention should be given to the circumstances of Aboriginal offenders;
(l) provide for the creation, in regulations, of service infractions that can be dealt with by summary hearing;
(m) provide for a scale of sanctions in respect of service infractions and for the principles applicable to those sanctions;
(n) provide for a six-month limitation period in respect of summary hearings; and
(o) provide superior commanders, commanding officers and delegated officers with jurisdiction to conduct a summary hearing in respect of a person charged with having committed a service infraction if the person is at least one rank below the officer conducting the summary hearing.
Finally, the enactment makes related and consequential amendments to certain Acts. Most notably, it 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

[Diane Lebouthillier, Liberal, for the Minister of National Defence]

moved that Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Serge Cormier, Parliamentary Secretary to the Minister of National Defence, Lib.]

Mr. Speaker, I am delighted to be addressing the House today on the subject of this important bill. This is my first time speaking as Parliamentary Secretary to the Minister of National Defence.

Before I begin, I want to thank all the women and men of the Canadian Armed Forces for the outstanding service they give every day to this country and to all Canadians. We are deeply grateful to them.

I also want to thank the staff of the Department of National Defence. I am very much looking forward to working with them. They work hard every day to make sure we get solid policy and strong legislation, and we greatly appreciate their efforts.

Lastly, I want to thank all our veterans. We owe them a tremendous debt. They fought tirelessly so that we could live in this big, beautiful country.

I am also really looking forward to working with the Minister of National Defence. I think we are going to get some amazing things done this year.

The Prime Minister asked our colleague, the Minister of Justice, to do a comprehensive review of the justice system. In the same spirit, our government is committed to reviewing, modernizing and improving our civil and military justice systems.

Bill C-77 will bring our military justice system in line with the kind of justice system the Canadian Armed Forces are entitled to and the kind Canadians expect.

Canada's military justice system is rooted in centuries of practice around the world. Monarchs, army generals and political leaders have long recognized the importance of having a disciplined military.

A series of studies and public inquiries were conducted following the legislative changes made between 1998 and 2013. Those changes resulted in the system we have in place today.

Today, we are proposing a number of changes to the National Defence Act. Some are minor changes, while others are more significant. Central to those changes are the members of our military forces. The women and men in the Canadian Armed Forces make extraordinary sacrifices for their country every day.

Bill C-77 provides for changes that will improve the military justice system by ensuring that the system provides proper support for the Canadian Armed Forces in its efforts to maintain discipline, efficiency and morale within its ranks.

These changes will also reflect our government's promise to promote reconciliation and renew our relationship with indigenous peoples.

These changes will discourage prejudice- or hate-motivated behaviour toward the LGBTQ community based on gender identity or expression. They will also ensure that the rights of victims will be protected throughout the judicial process and that both people and support for military families are our top priorities.

Before I continue, I would like to come back to the Auditor General's report on the administration of justice in the Canadian Armed Forces, which was released last spring, shortly after Bill C-77 was introduced.

We thank the Auditor General for his important work, and we accept his recommendations. Unfortunately, this report shows how the previous government neglected not only our troops but also the military justice system, which is an important part of military discipline and morale within the Canadian Armed Forces.

These recommendations were very timely, since the government had just introduced a bill to improve the military justice system.

Unlike the previous government, we are determined to ensure that we have an effective military justice system. What is more, I can assure the House that the judge advocate general is already engaged in the implementation phase of her action plan to respond to each of the auditor's nine recommendations.

These measures include a new case management system that makes it possible for cases to be monitored in real time, as well as a new performance evaluation tool to help us assess how well the military justice system is working.

This will help significantly reduce delays by improving the way military justice cases are managed. However, this is not just about speeding up the process. We also want to ensure that the system works well for everyone.

Now I would like to talk about some of the changes we are proposing in the bill. I hope I can count on all my colleagues to support this important initiative for all our women and men in uniform.

The proposed summary hearings will help improve the flexibility and effectiveness of the military justice system by allowing the chain of command to address minor service infractions quickly and fairly at the unit level.

Naturally, the most serious cases will be referred to the courts martial. There will be no summary process and military commanders who preside over a summary hearing will only be able to impose non-criminal penalties for service offences.

Since launching our “Strong, Secure, Engaged” defence policy last year, we have worked very hard to strengthen the culture of the Canadian Armed Forces and improve support for our members. Accordingly, another important change set out in the bill being debated in the House today concerns the sentencing process for indigenous offenders.

The Prime Minister has stated that there is no relationship more important to our government and to Canada than the one with indigenous peoples. We are all greatly concerned by the fact that indigenous people are overrepresented in the criminal justice system. I would like to point out that this is not the case in the military justice system. Thanks to real measures such as this one, we will strengthen our nation-to-nation relationship and continue our journey of healing.

The amendments proposed in Bill C-77 are in line with what we are doing with Operation HONOUR, and they will help us create a positive, respectful environment within our armed forces. I must digress a little bit to say that, regardless of this bill, all forms of inappropriate sexual conduct are completely unacceptable and will not be tolerated within the Canadian Armed Forces or within our society. This is why we are taking decisive action as part of Operation HONOUR to combat and eliminate this type of behaviour. We will continue working until all of our members are able to carry out their duties in an environment free from harassment and discrimination.

The biggest change this bill will bring about is that it will enshrine the rights of victims in the military justice system. This is a victim-based approach that protects victims' rights.

We will make sure that military justice aligns with the civil system with respect to LGBTQ2 rights. In 2017, our government added gender identity and expression to the list of prohibited grounds of discrimination set out in the Canadian Human Rights Act. At the same time, we have been working hard to change the culture, through Operation HONOUR and other initiatives, to make our forces more diverse and inclusive. This bill is another step in that direction.

It calls for harsher sanctions and penalties for service infractions or offences motivated by prejudice or hate based on gender identity or expression. The biggest change proposed in Bill C-77 is clearly aimed at establishing rights for all victims within the military justice system. A new division entitled “Declaration of Victims Rights” will be added to the Code of Service Discipline to specify that victims have a right to information, protection and participation throughout the military justice process.

The new provisions of this act will have a clear, perceptible and real impact on the military justice system. The declaration will give victims a voice and support. It will protect four new rights for service offence victims.

The first new right is the right to information, which will ensure that victims understand the process and the services and programs at their disposal, including the process for filing a complaint if they believe that their rights under the declaration have been infringed or denied. The military justice system can be intimidating and hard to understand. That is why we are adding this provision.

The bill provides for the appointment of liaison officers to guide the victim through the process and explain how the system works. Victims also have the right to be informed about the investigation and prosecution of the offence and the sentence handed down to the person who caused them harm.

Then, there is the right to protection, which guarantees that the safety and privacy of victims will be taken into account at every step of the military justice process. That includes protection of victims' identity, when necessary, and measures to protect them from intimidation or retaliation.

The right to participation guarantees victims the right to share their views with military justice system authorities and ensures that those views are taken into account when authorities make their decision. Victims can also present a victim impact statement before the court martial so that the military judge fully understands the harm done to the victim when determining the offender's sentence.

However, victims are not always just people, which is why Bill C-77 also allows military and community impact statements to be considered so that judges are aware of the extent of the damage that an offence caused to the Canadian Armed Forces or to the community.

Finally, the right to restitution means that victims have the right to seek compensation for any financial losses or damages incurred as a result of an offence.

Bill C-77 proposes much-needed changes to the military justice system so that it can continue to meet Canadians' expectations and the needs of the Canadian Armed Forces.

Lastly, the bill introduces a more victim-centred approach that protects victims' rights. Clearly, the bill deserves our support so that we can implement a better military justice system for Canadians. I believe it is the right thing to do, and I hope that all my colleagues in this House will support this bill so that it can move forward.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I want to assure the House that New Democrats will be in full support of these positive changes, the modernization of which he spoke. Our goal will be to expedite debate in this place so we can review this bill in the committee as quickly as we can.

Like the parliamentary secretary, I would like to say to those military families who may be watching our proceedings today that the NDP, like the minister, salutes them and thanks them for their service in keeping our country safe, both at home and abroad. To those veterans who are watching the reform of military justice, I am sure they would agree it is long overdue. We are here today to support these important amendments.

The one issue that I would like to raise with the minister is to ask whether he agrees with New Democrats that we should remove self-harm as a disciplinary offence. When people who commit self-harm activities or make potential suicide attempts are reported, they may face disciplinary action as a consequence. We think that is wrong. We would like to know whether the hon. parliamentary secretary agrees with us and if so, whether he will work to amend the bill accordingly in committee.

[Serge Cormier]

Mr. Speaker, I thank my colleague for his question and his co-operation on this bill.

As I said earlier, Bill C-77 puts victims first. The purpose of the bill is to strengthen victims' rights within the military justice system by establishing a victims bill of rights in the Code of Service Discipline. That is very important to our government. Respect for victims' rights will be guaranteed through the creation of a victim liaison officer who will support them during the judicial process and help them navigate the justice system.

I know my colleague's question pertains more to a separate issue, but we want to work with our colleagues. I can assure my colleague that we are prepared to look at any number of ways we can further improve our system, which is already fair and effective. This bill will strengthen victims' rights. It is a robust bill that will be fair with respect to victims' rights.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I thank my colleague for his excellent speech. I would like to ask him a question. Bill C-77 replicates our Bill C-71, introduced in 2015.

I would like to know why it took the government three years to bring back this bill, which had already been introduced at the time. I think only one aspect has changed. Why did it take three years?

[Serge Cormier]

Mr. Speaker, I do not think that this is a carbon copy of the previous bill. The former government introduced its bill in a hurry during the last election. In addition, the former bill did not take into account indigenous and LGBTQ communities. To say that this bill is a carbon copy is just not true.

As I said, our bill emphasizes victims' rights and we wanted to include and focus on indigenous peoples and the LGBTQ community so these victims are recognized. We will very quickly implement provisions once this bill passes and we will continue to make appropriate changes thereafter.

[Alaina Lockhart, Parliamentary Secretary to the Minister of Tourism, Official Languages and La Francophonie, Lib.]

Mr. Speaker, the Prime Minister has said that no relationship is more important to this government and, indeed, all of Canada than the one with our first nations. As a government, we have also done everything that we can to make sure that our communities are more inclusive of members of the LGBTQ2 community. Can the parliamentary secretary tell this House the impact that this bill will have for members of these communities within our Canadian Armed Forces?

[Serge Cormier]

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

As I mentioned, we want to include indigenous peoples and the LGBTQ community in this bill. Our government is very determined to strengthen victims' rights in the military justice system.

In addition to guaranteeing victims' rights are respected, Bill C-77 includes a provision to ensure that the military justice system considers the situation of indigenous offenders when determining the sentence. Additionally, it sets out harsher sentences for military offences motivated by prejudice towards the LGBTQ community.

I know that this bill is very important for all members of Parliament. These provisions were not in the bill that the Conservatives introduced just before the last election. We wanted to ensure that these communities were included in the bill. For that reason our bill is very different from the Conservatives' bill.

[Michael McLeod, Liberal, Northwest Territories, NT]

Mr. Speaker, the bill proposes the introduction of a victim liaison officer. Could the parliamentary secretary tell us what the role of the victim liaison officer would be to ensure that no victim is left behind?

[Serge Cormier]

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

I have been the parliamentary secretary from the start. I have had countless preparatory meetings and I know that the military justice system can be hard for some people to understand. That is exactly why this bill seeks to ensure that victims are very well informed and able to exercise their rights, including by providing for the appointment of a victim liaison officer who would be available on request. That liaison officer will help the victim understand the Code of Service Discipline and its scope and provide the victim with information to which they are entitled.

That is why this bill deserves the support of the members of the House of Commons. It will help victims have the necessary information to understand the military justice system. We believe that the proposed changes will make the system fairer and more equitable.

[Churence Rogers, Liberal, Bonavista—Burin—Trinity, NL]

Mr. Speaker, how does the new defence policy of our government inform Bill C-77? How does this bill help victims in the military justice system? Could the parliamentary secretary elaborate on that?

[Serge Cormier]

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

The defence policy we proposed puts the men and women first. It is focused on Canadian Forces members, people who work hard. We believe that it is one of the best policies we have put in place for Canadians, and the troops support it as well.

This policy was implemented following Canada-wide consultations with our constituents from coast to coast. We also promised to provide our men and women in uniform a more dynamic workplace and the equipment that they need. It was with that in mind that we brought in a forward-looking policy that reflects our government's commitment to investing in the Canadian Armed Forces instead of making budget cuts like the Conservative government did for 10 years.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I want to congratulate the government on bringing this bill forward. As my colleague from Victoria mentioned, we will be supporting this bill and working very hard in committee so that it can become law.

I just want to follow up on the question from the member for Victoria to give the parliamentary secretary another opportunity to address the issue around military justice and self-harm.

What we know is that those who come forward seeking help within the military would be turned in for discipline, should they be found trying to commit suicide. What safeguards are the Liberals going to put forward to address the real needs of mental health supports in the military to ensure that service is delivered free of punishment and disciplinary actions?

[Serge Cormier]

Mr. Speaker, both the bill and our defence policy put our men and women in uniform first. We know that these people need all the services available to help them understand all aspects of the National Defence Act, for example.

We are modernizing this act and making tangible changes to ensure that victims have the resources they need to better understand the military justice system. We want to support them throughout the process, because, as members know, the military justice system can be complicated and very technical. That is why this bill is designed to make victims a priority and provide them with the help they need.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I am pleased to rise in the House this morning, on behalf of my colleague from Selkirk—Interlake—Eastman, who could not be here today, to speak to Bill C-77, an act to amend the National Defence Act.

As members know, I served in the Canadian Armed Forces for 22 years, as have many of my colleagues on both sides of the House.

The national defence world is a very complicated one. To the average person, to civilians, this is a closed-off world. What happens in the forces stays in the forces. Civilians have no idea. We have our own Code of Service Discipline and we do things our own way.

Fortunately, things have changed. As society evolves, everyone must adapt. The function of the military remains the same; what we ask of our armed forces will not change. The purpose of the military is to prepare for a potential conflict. We cannot act in the same way as civilians.

It is not the norm for someone to learn to shoot because he or she may one day be called upon to use a weapon against an enemy; that is very specific and requires a whole different approach, which is why it is so important to have a strict and regulated military justice system.

When I was a unit commander, I was required to judge summary trials. I judged different cases at different levels during my command. There were some very trivial cases, involving someone who did not shave in the morning for example. That person might be subject to a trial and be fined. There were also much more serious cases, like the one involving a violent fight between soldiers in a military bar. The assaults and injuries made that a serious case.

Over the years, we realized that discipline was important and that people who were caught committing such offences were severely punished through fines and demotions. Sometimes they were even kicked out of the Canadian Armed Forces.

However, the victims were not the focus of these trials. Often military or civilian victims were not taken into consideration because the Canadian Forces were focused on punishing the people who committed the reprehensible acts. However, there was no concern for the surrounding situation. Luckily things have changed.

I want to point out that the Conservatives have always had the interests of victims at heart. The Conservative Party has always cared about victims. The previous Conservative government took major steps to protect Canadians and defend victims of crime. We know that the number one priority of any government is to keep citizens safe, and that is a responsibility that the previous Conservative government took very seriously.

We believe that our laws and discussions should always put victims' rights first. We want victims to have a strong voice, to be heard, to know that they are not just victims and that they are not alone. We want them to be able to speak up and be present throughout the judicial process.

The previous Conservative government made a commitment to make a change and ensure that our streets and communities are safe for Canadians and their families. We took concrete measures to hold criminals responsible for their actions.

The Conservatives are proud of their track record, which includes passing the Safe Streets and Communities Act, the Not Criminally Responsible Reform Act, and laws against sexual exploitation and cyberbullying.

The Conservatives feel that the criminal justice system has prioritized criminals' rights for too long. We believe that victims should be the central focus of our criminal justice system. We believe that they have a right to information, protection, participation and, if possible, compensation.

That is why we introduced the Canadian Victims Bill of Rights, a historic act that received royal assent on April 23, 2015.

Former prime minister Harper, former minister Peter MacKay, Senator Boisvenu, who became an ardent victims' advocate after his daughter was murdered, and the member for Bellechasse—Les Etchemins—Lévis were involved in the development and implementation of the Canadian Victims Bill of Rights.

This charter is now the centrepiece of what we are doing to protect victims of crime in Canada. We commend the Canadian Forces for wanting to have a law for victims so that their rights are given the same recognition as the rights of alleged criminals. That is very important.

In addition to the four pillars that are the right to information, the right to protection, the right to participation and the right to restitution, it is vital that the future law on the rights of Canadian Forces victims endeavour to recognize the right of victims of crime. The future law on the rights of Canadian Forces victims must require a military tribunal with gender parity for cases involving sexual assault. This right must be officially recognized in the law.

To protect the rights enshrined in the law on the rights of Canadian Forces victims, the position of ombudsman for victims must first be created to ensure victims that they will be heard and protected and that their rights will be duly respected. A permanent position at a rank higher than liaison officer, which could be abolished at any time, is vital to the enforcement and creation of the law on the rights of Canadian Forces victims.

Canada currently has a federal ombudsman for victims of crime, a position that was created in 2007, but this position is not protected. The ombudsman is not an officer of Parliament and operates at arm's length from the Department of Justice. The ombudsman position has been vacant since November 15, 2017, and the Minister of Justice refuses to fill it. She refuses to give victims of crime a voice and refuses to protect their rights under the Canadian Victims Bill of Rights and ensure that they are represented and protected, the way criminals' rights are.

By contrast, the position of correctional investigator, who looks after prisoners, was filled on January 2, 2018, two weeks after the last ombudsman left. That is totally unacceptable. It is an affront to victims.

I also want to point out that Bill C-343, introduced by my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, which would have made the ombudsman for victims of crime equal to the ombudsman for criminals, was shut down by the Liberals. The Liberals are being disingenuous when they claim to want to protect victims of crime, yet refuse to give them the same kind of official voice in Parliament that criminals have.

Creating a victims bill of rights to ease one's conscience is one thing, but failing to enforce that bill of rights because there is no voice to fight for victims, whether in the civilian or military courts, is quite another.

The Liberal government needs to have its two victims bills of rights and its two victims' ombudsman positions in order to properly enforce victims' rights. Otherwise, victims will be revictimized at our hands.

I have already told the Parliamentary Secretary to the Minister of National Defence that Bill C-77, which we support, I might add, is largely based on a previous bill that the Conservative government introduced in 2015. I am referring to Bill C-71, which is not to be confused with the current Bill C-71. The bil I am referring to is from the previous Parliament.

When we introduced Bill C-71 to amend the National Defence Act, those reforms were important because we were focusing on restoring victims to their rightful place at the heart of the justice system. That is why we introduced a bill that reflected the Canadian Victims Bills of Rights and made it part of military law.

It was the result of many years of work and took into account hundreds of submissions and consultations. My colleague said that he held consultations all across Canada. Perhaps the Liberals consulted with regard to the part that they added, but I can safely say that most of the bill had already been developed by our former government. We held hundreds of consultations across the country. The bill proposes to give victims better access to information, greater protection, more opportunities to participate, and improved restitution.

Bill C-77 will be complicated to implement. The three parties support it, and we want to send it directly to committee so that it can be passed quickly.

I would hope that, in 2018, the Department of National Defence has a clear understanding of what victims go through. Victims in the civilian world still have a hard time being heard. As I mentioned, the government still has not appointed a successor for the ombudsman, and there is no protection system in place to help victims. I am worried that this is all just talk. If the government is having difficulty helping civilian victims, I do not see how it will be able to help those in the military world, which is very closed and discipline-oriented. This will be a challenge for the leadership of the Canadian Armed Forces and for the government. The government needs bring back the ombudsman position, give the new ombudsman a clear mandate, and ensure that the new law is enforced. Changes must be made to many mechanisms and to the culture within the armed forces, but I think people are ready.

When I joined the Canadian Forces 30 years ago, the mentality was quite different. I see my colleague opposite, who reached the senior ranks of the Canadian Forces. He is very familiar with that reality. People who join the Canadian Forces today do so to serve in the profession of arms, of course. They want to serve their country to the best of their physical and intellectual capabilities. However, they have a better understanding of the reality facing victims today. I therefore expect the chain of command to accept this legislation at every level and ensure that it is enforced effectively.

In closing, the Conservatives are committed to defending victims of crime and ensuring that they have a stronger voice in the criminal justice system. It was our Conservative government that passed the Canadian Victims Bill of Rights. We support enshrining in law victims' rights in the military justice system. That is why we introduced Bill C-71 in the previous Parliament. The Conservative Party will always stand up for victims of crime. The Conservatives support referring Bill C-77 to the Standing Committee on National Defence as soon as possible.