This bill is from the 42nd Parliament, 1st session, which ended in September 2019.
Harjit S. Sajjan Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-77s:
Karine Trudel NDP Jonquière, QC
Madam Speaker, the NDP supports Bill C-77 at third reading. However, even with the proposed changes in the bill, acts of self-harm continue to be considered an offence in the military justice system. Asking for help in the military comes with a risk of disciplinary action.
What protections will the Liberals propose to ensure that military personnel have access to mental health services without fear of reprisals or risk of disciplinary action?
Karen McCrimmon Liberal Kanata—Carleton, ON
Madam Speaker, the hon. member raises a very important point. From my own knowledge, having been a member of the Canadian Armed Forces in the past, we did not take mental health as seriously as we needed to. Under the current government, with its universal commitment to mental health care and mental health care funding, this is also being reflected in the Canadian Armed Forces itself.
It is the example we set and the funding we put forward, the investments we make in mental health care, that are going to make the difference in the long term.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, this legislation covers a number of areas that are very important, including better mental health care.
I want to raise with the government member the point I raised earlier about what is called the gold-digger clause, which denies veterans, retired RCMP, judges and other classes of people under the Superannuation Act, an opportunity to leave their pensions to their spouses if they remarry or marry after the age of 60. It actually goes way back to the Boer War, and that is why it is called the gold-digger clause. Many Liberal finance ministers and Liberal motions at their conventions have said that they will remove it. I wonder if the member has an update.
Karen McCrimmon Liberal Kanata—Carleton, ON
Madam Speaker, my reading has indicated that it goes back even further than the Boer War. It goes back to the Civil War in the United States. I know it is an issue. I know it is being studied. There are a lot of people out there who believe that this needs to be changed. We need to find a way to support the spouses of military members and others, even if the members remarry at or after the age of 60. People are living longer now. It is not as unusual as it might have been in the past to get married over the age of 60. It is an issue the government is taking seriously, and it is being looked at.
Alice Wong Conservative Richmond Centre, BC
Madam Speaker, I support the leader of the Green Party, because as the former minister for seniors, I definitely will support anything that helps seniors. As the hon. member opposite has just said, we all live longer. The age of 80 is now considered by WHO to be the real start of being a senior, so there is still a lot of life before 80. I definitely want the government to look very carefully and support those who get married at the age of 60.
Karen McCrimmon Liberal Kanata—Carleton, ON
Madam Speaker, it is important that more people are advocating for our seniors. I am happy to know that our life expectancy is extending, and therefore some of our government programs and policies will also need to change. I would like to thank the member for bringing up that particular issue.
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February 28th, 2019 / 4:05 p.m.
Fredericton New Brunswick
Liberal
Matt DeCourcey LiberalParliamentary Secretary to the Minister of Immigration
Madam Speaker, I stand here today as the member of Parliament for Fredericton. I am proud that over the last three-and-a-half years I have had the distinct privilege to meet with many of the women and men of the Canadian Armed Forces who serve at 5th Canadian Division Support Base Gagetown.
Centred in the town of Oromocto, Base Gagetown is the second-largest military base in Canada and the home of Canada's army. Gagetown is not just a place of work for the 7,500 military members and civilian personnel, it is home to countless families. It is a school. It is a medical centre.
Base Gagetown is an economic driver for New Brunswick. It is the second-largest public sector employer in the province and the third-largest employer overall. It contributes hundreds of millions of dollars to our local and provincial economy each year. The benefits the base brings to our community are far too many to count.
Canadian Armed Forces members at Base Gagetown do not only make Fredericton, New Maryland, Oromocto and the Grand Lake region a more vibrant place to live, as members of the military, they put their lives on the line for our country and give up their own safety to defend ours.
We can never match that honour and sacrifice, but what we can do is ensure that the structures within the military are as strong as they can be so Canadian Armed Forces personnel and their families never have to see their own system as an obstacle to overcome.
Military members keep us safe, but we must protect them as well. By amending the National Defence Act, Bill C-77 is ensuring better protection for the women and men of the Canadian Armed Forces under the military justice system. Bill C-77 means a more just and equitable future for the 6,500 members of the Canadian Armed Forces at Base Gagetown and for thousands more who serve across the country.
The very nature of the military means its justice system must consider a different set of demands, from the hazards of war to the hierarchal chain of command. The Canadian Armed Forces must always be able to enforce discipline within that chain of command, so it can be ready and able to respond to any threat.
Bill C-77 commits to strengthening the victims rights within the unique framework of the military justice system. From ensuring that victims of inappropriate conduct by members of the Canadian Armed Forces have the right to information, protection, participation and restitution to establishing a new victim liaison officer to help guide victims through the military justice system, we are ensuring that the victims rights are not only respected but that they are strengthened.
When victims come forward with a complaint, we must ensure they are fully supported. Anything less is unacceptable. Bill C-77 is about making real changes in the lives of our service members. The impact of those changes will be felt across the country, from the Military Family Resource Centre and the Royal Canadian Legion in Oromocto all the way to Alert to Esquimalt to St. John's.
Victims rights matter, and that is why these changes matter as well.
As the Minister of National Defence has made clear, the Canadian Armed Forces welcomes the Auditor General's recommendations on ways to strengthen the administration of military justice. Our government is committed to maintaining a fair, modern and robust military justice system. We thank the Auditor General for this important work and accept the recommendations.
Unfortunately this review reflects the previous government's neglect of not only the military, but also the military justice system, which is an important part of military discipline and morale within the Canadian Armed Forces. Unlike the previous government, we are committed to ensuring the efficiency of the military justice system. Unlike the previous government, which allowed delays to fester, we are committed to ensuring a reliable military justice system.
We have already started to address some of the Auditor General's recommendations, including a case management system to monitor and manage cases as they progress through the system, extending the postings of defence counsel and military prosecutors to better serve both the accused and the Crown and reinstating the military justice round table, which the previous government abolished. These are just some of the measures we have taken to address the report and we will continue to work to ensure an effective military justice system.
To get back to the matter at hand, the Auditor General's findings reinforce that the judge advocate general of the Canadian Armed Forces, or JAG, is taking the right approach to modernizing the system. The JAG, Commodore Geneviève Bernatchez, oversees the administration of military justice in the forces. She has embraced the Auditor General's recommendations, which will guide her efforts to ensure the military justice system meets the expectations of Canadians and the needs of the Canadian Armed Forces. She has already developed a detailed action plan to respond to all nine recommendations, and members of the military are already seeing improvements to the administration of the military justice system.
Many important changes are already under way, with the office of the JAG and the director of military prosecutions actively implementing measures to improve how military justice is administered. For instance, even before the Auditor General made his recommendations, the office of the JAG began to develop a new electronic case management tool and database to capture the relevant data on all military justice cases. This will directly respond to a number of the Auditor General's recommendations to identify and address delays in military justice processes and improve the efficiency and effectiveness of the system.
The justice, administration and information management system, JAIMS, will allow for the real-time tracking of files as they proceed through the system. It will incorporate and enable the enforcement of time standards that will be established following a review conducted by the JAG as part of the response from the Department of National Defence to the Auditor General's recommendations. JAIMS will allow military justice stakeholders and decision-makers to access case data in real time and be prompted when their action is required. This will help reduce delays by improving how the military justice system's files are managed.
This is not simply about speeding up the system. We want to ensure the system is working and working well. As members may have heard my colleagues say, the military justice system is vital to the ability of the Canadian Armed Forces to achieve its missions in Canada and around the world. It cannot and will not remain static. The military justice system, like the civilian criminal justice system, is constantly evolving to remain fully compliant with Canadian law, norms and values. That is why our government tabled Bill C-77, which proposes to introduce a declaration of victims rights to incorporate indigenous sentencing considerations and reform summary trials.
In Canada's defence policy, “Strong, Secure, Engaged”, our government has made an unprecedented commitment to provide the men and women of the Canadian Armed Forces with the support they need and deserve. That includes the assurance that military members will continue to have access to a fair and effective military justice system as they bravely serve Canadians at home and abroad. With Bill C-77 and the many progressive changes being instituted by the Office of the Judge Advocate General, we are clearly delivering on this pledge.
The Auditor General's report offers valuable insights and tangible recommendations that will help us further enhance the efficiency and effectiveness of the military justice system. The changes the Auditor General has urged, many of which we are already acting on, will ensure the military justice system remains valuable and relevant in contributing to the operational readiness of the Canadian Armed Forces.
Wayne Stetski NDP Kootenay—Columbia, BC
Madam Speaker, we are very much in favour of the bill, but we did propose an amendment and I would like to hear from the member why the government did not accept it. I want to read a quote from Sheila Fynes, who appeared as an individual before the committee. She said:
...it is disturbing that even today, under paragraph 98(c), a service member could face life imprisonment for an attempted suicide. It would be more appropriate to consider self-harm under such circumstances as being symptomatic of a serious and urgent mental health concern, and signalling the need for appropriate and immediate medical intervention.
Why did the Liberal government not remove subsection 98(c) from the legislation?
Matt DeCourcey Liberal Fredericton, NB
Madam Speaker, this government, and I am sure all parliamentarians in the House, take very seriously issues of life and death, issues of suicide. I have no doubt and entire confidence that this issue was studied in-depth with a certain comprehensiveness at the committee and the report stage. It was a decision of the committee, which is independent of the government, and a decision at report stage by parliamentarians not to adopt this motion.
We continue to monitor the effectiveness of the military justice system by moving forward with Bill C-77, but it will not end there. We will continue to ensure we have an effective, fair, responsive military justice system that ensures Canadian Armed Forces members receive what they need and delivers fair, robust and accurate results.
Robert Aubin NDP Trois-Rivières, QC
Madam Speaker, I listened closely to the speech of my colleague across the way.
At first he seemed to want to make a distinction between the bill the Conservatives introduced in the previous Parliament and the one before us today.
One thing that is clear is that the bill is being met with broad consensus, give or take a few amendments that some wanted to see included, such as the one we just discussed.
My question is as follows. Since the bill has the consensus of the House and almost had consensus in the previous Parliament, then why did we have to wait for the last year of the Liberal term to move forward with these long-awaited measures?
Matt DeCourcey Liberal Fredericton, NB
Madam Speaker, I think that our government's record on national defence over the past three and a half years speaks for itself.
We have made unprecedented investments in the military. Some of those investments were made at Base Gagetown, in my community. Not only did we invest in infrastructure and the needs of our military members, but we also invested in their physical and mental health, as well as the well-being of the members and their families.
I believe we have an exceptional record on military issues, and Bill C-77 enhances it even further. We are proud of our record, and we will always support Canadian military members and their families.
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February 28th, 2019 / 4:15 p.m.
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, as we debate the legislation, the issue of health comes up on an ongoing basis. We have seen a commitment from the government of about $17.5 million for a centre of excellence, which will focus on the prevention, assessment and treatment of PTSD and related mental health conditions.
Could my colleague provide his thoughts not only about legislation, but other budgetary matters that will make a difference?
Matt DeCourcey Liberal Fredericton, NB
Madam Speaker, that is another element of the record this government has when it comes to supporting the military, which is so important to the service women and men of our armed forces and their families.
There have been great advancements over the last number of years in recognition of and research on how to prevent and treat different forms of mental illnesses, including post-traumatic stress disorder to which far too many members of our military succumb. We will always stand to support the mental health of the women and men of the Canadian Armed Forces as well as their families and the communities that support them right across the country.
Ziad Aboultaif Conservative Edmonton Manning, AB
Madam Speaker, before I begin, I would like to inform the House I will be sharing my time today with the hon. member for Red Deer—Mountain View.
It is a pleasure to rise in the House today to discuss an issue of great importance to members of the Canadian Armed Forces, their loved ones and all those who support both victims of crime and our Canadian Armed Forces. As a member of Parliament from northeast Edmonton, I have the great pleasure of representing many members of the Canadian Armed Forces who live off base while deployed at Edmonton Garrison.
When I meet with these men and women, their conviction, dedication and love for our country never ceases to amaze me. I am very pleased to be able to lend my voice to them this afternoon as we continue to discuss Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.
In the last Parliament, the former Conservative government worked hard to develop and entrench the Canadian Victims Bill of Rights in law. It was a very proud day when the legislation was enacted, as it rebalanced our justice system to put more of an emphasis on protecting and empowering victims and standing up for their rights during criminal proceedings.
Over the years, there was an emphasis on ensuring accused people were treated properly, and everyone here understands how important that is as well. However, Canada's Conservatives believe victims rights need to be at the heart of our justice system. We understand victims deserve the right to information, protection, participation and, where possible, restitution.
Bill C-77 is an important piece of legislation. It continues the good work of our former Conservative government of enshrining the rights of victims of a crime in law, this time for our military justice system. The bill is largely based on legislation our former government put forward, which was Bill C-71 from the last Parliament.
Bill C-71 was introduced to ensure victims going through the military justice system had many of the same protections provided to civilians by the Canadian Victims Bill of Rights. I am very pleased the Liberal government did the right thing and used our previous legislation as the basis for Bill C-77 .
Canada has a long history of having a parallel justice system for our military. There are those who rail against this idea and believe military justice issues should be handled in civilian courts. Perhaps they do not understand why we have two systems, or maybe they do and simply disagree. Having these parallel systems has been upheld by the Supreme Court of Canada a number of times, and is even protected in the charter under section 11.
The sad reality is that we often must ask much of the members of the Canadian Armed Forces. We ask them to risk life, limb and mental health for the protection of our great country and the promotion of freedom, democracy and the rule of law, often in far off and hostile environments. This operational reality of the military means Canadian Armed Forces members must be held to a higher standard than what would be expected of a civilian.
This reality is recognized in the Supreme Court's 1992 ruling of R. v. Généreux, which acknowledges the armed forces must be able to deal with discipline issues quickly, effectively and efficiently for the sake of the operational readiness of our armed forces so that they may defend against threats to Canada's security. For this important reason, the armed forces has its own code of service discipline, as well as military justice tribunals to enforce it and ensure the military can accommodate its particular disciplinary needs.
That decision is from 1992. However, it has been upheld a number of times since then, most recently in 2015.
While out of necessity there is an imperative for the armed forces to be able to administer justice in its unique way, there is no reason why victims rights should not be also featured prominently in the military justice system. I believe that Bill C-77 is a good step forward in accomplishing this goal while building on the established code of service and Operation Honour to effectively combat sexual misconduct, harassment and deal with issues of intolerance in the Canadian Armed Forces.
While this is good legislation, which I am looking forward to supporting once again, I would be remiss if I did not take this opportunity to highlight some concerns I have with the bill as well.
Under the military justice system currently, charges can be dealt with through a summary trial or a court martial. Bill C-77 introduces a new category of service infractions consisting of minor infractions that can be dealt with through a new method of summary hearings, replacing summary trials. In proposed subsections 163.1(1), (2) and (3), Bill C-77 shifts the burden of proof. In a summary hearing it goes from “beyond a reasonable doubt” to “on a balance of probabilities”.
Currently, proof must be beyond a reasonable doubt, the same as in the civilian legal systems. Proof beyond a reasonable doubt is one of the pillars of the Canadian justice system, and I believe that it should remain the case for our military justice system, particularly when we consider that through a summary hearing, a service member's commanding officer is able to confine them to barracks or ship for up to 21 days. In light of that realization, I believe the burden of proof should remain higher than “on a balance of probabilities”.
Unfortunately, our colleague for Selkirk—Interlake—Eastman's amendment to make this sensible change was voted down at committee, though I hope it will receive further consideration at the other place. Failing that, I hope this will be able to be reconciled through regulation to both avoid a charter challenge and ensure that the men and women of the Canadian Armed Forces can be treated justly if they find themselves being called to a summary hearing.
The last issue I want to briefly touch on is the issue initially raised by our NDP colleague for Esquimalt—Saanich—Sooke that Bill C-77 does not repeal parts of paragraph 98(c) of the National Defence Act, which lists self-harm as an offence that can result in a fine and/or imprisonment.
I take heart in the fact that the committee heard that this is rarely used and it is my understanding that the intention is to provide recourse against individuals who may maim or injure themselves in order to be excused from duty or to be discharged. I do appreciate that rationale, but we also cannot overlook that we ask members of the Canadian Armed Forces to do and bear witness to extraordinary things and that, as a result, not only their bodies can be damaged and scarred but their minds as well.
I do not believe anyone with the privilege to sit in this chamber supports prosecuting people who make a desperate act like self-harm because they are suffering from a mental health issue. Even if it is rarely used, I do not think it should even be an option. It is my understanding that when this issue came up in relation to Bill C-77, it was ruled out of scope of the legislation.
With that in mind I would like to echo our colleague for Selkirk—Interlake—Eastman in calling for the Minister of National Defence to take this issue and come back to the House with a separate piece of legislation to address this oversight at the earliest opportunity.
The Canadian Armed Forces is a source of great pride to our country. Its members conduct themselves with honour as they serve, both in our communities and abroad. Due to their sacrifices and the sacrifices of those who came before them, we can afford the privilege to live in relative peace and security—
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The Assistant Deputy Speaker Carol Hughes
The time is up. Maybe the hon. member will be able to finish his thoughts during the questions and comments. I did allow him a bit of time.
Questions and comments, the hon. parliamentary secretary to the government House leader.