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

[Richard Martel, Conservative, Chicoutimi—Le Fjord, QC]

Madam Speaker, it is the third largest employer in the city of Saguenay, so obviously, it is a very important community. CFB Bagotville is vital to our region. We in Chicoutimi are proud to have this military base located in Saguenay, because we know it helps protect Canada's extremely vast territory. We often have discussions with military personnel regarding our fleet of CF-18s, which need to be replaced, as there is no guarantee that we will be able to use them until 2025.

Bill C-77—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, I remember the last time I had to do this we were able to find a way forward, and I am hoping that again we will be able to find a way forward. If not, I have a responsibility to advance legislation.

An agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

The House resumed consideration of the motion 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.

National Defence Act

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, I am grateful for the opportunity to speak to Bill C-77 today. I am especially honoured to do so following my colleague from Chicoutimi—Le Fjord's first speech in the House. We are all very proud of him. He was just elected with 53% of the popular vote. Compare that to our party's fourth-place finish three years ago. These things are worth remembering.

Bill C-77 is about reforming the military justice system. During my brief remarks, I will remind the House that this bill is essentially the same as Bill C-71, which we introduced when we were in government. It speaks to an issue that arouses tremendous compassion in everyone on both sides of the House.

Thousands of Canadians serve their country as members of the Canadian Armed Forces' army, navy and air force. We are all very grateful to these men. Although CFB Valcartier is not in my riding—that is an honour belonging to my colleague from Portneuf—Jacques-Cartier, who represents the folks at Valcartier very well—several hundred of the base's 6,000 soldiers do live in my riding.

Fall is here and in six weeks, on November 11, we will be commemorating Remembrance Day. This year will be special as we mark the 100th anniversary of the armistice of 1918. As hon. members know, on the 11th day of the 11th month at the 11th hour, the First World War was to end. Unfortunately, other conflicts followed. Let us commemorate the thousands of Canadians who gave their lives so that we may live in freedom. Let us always remember the extraordinary sacrifices that these young men and women made during the different conflicts, especially during the First World War and the Second World War.

I have the extraordinary privilege of coming from a family that served its country. My father served during the campaign in Italy, among others, for the French Army under the command of Marshal Juin during the Second World War. My maternal grandfather, Paul Ponzelli, served in the First World War. He was in the French army and fought in the battle of Verdun, among others. I would also like to salute the people at the Consulate General of France in Quebec City, who are currently preparing a special commemoration for November 11. My mother will take part in this tribute being held six weeks from now.

Bill C-77 proposes reforms to the military justice system, which, naturally, is a delicate subject. Our men and women in uniform serve their country, but men being men and women being women, reprehensible behaviour can sometimes happen. This is why we have a military justice system. Canadians who put on the uniform accept that this uniform comes with responsibilities. Cases of reprehensible behaviour must be considered in the context of military action, because when these soldiers put on the uniform and carry a weapon, they can be sent to a combat theatre. The enemy will always be an enemy, which means that a solder may commit an act that would be considered criminal in the civilian world, but heroic in the military world. This is why the military justice system is different from the civilian system. Of course, this does not mean that soldiers should not have a dignified and honourable conduct in civilian life.

When we were in government, we introduced Bill C-71, which would have amended the military justice system. Some aspects of Bill C-71 are similar to our bill, such as enshrining victims' rights in the National Defence Act, imposing a six-month limitation period for summary trials and stipulating which cases should be handled in summary trial. These are the parts of the bill we agree with. I would like to point out that this bill was drafted with the assistance of our government's former justice ministers, namely the hon. Peter MacKay, the hon. Jason Kenney, and the hon. member for Niagara Falls, who is still serving his constituents in the House of Commons.

We also have some concerns about the fact that justice will likely be different for some people than for others. It is important to remember that there is a reason why justice is blind. Portrayals of Themis show what we want from a justice system. She is often portrayed with her eyes blindfolded, a sword in one hand and the scales of justice in the other. The sword is for punishing those who commit reprehensible acts and the scales are to ensure that everyone's rights are respected.

It is important to note that, in this allegorical personification of justice, Themis with her eyes covered, justice is blind. People must be judged based on their actions, not on who they are as a person. Some aspects of the legislation must be reviewed. For us, it is important to ensure that people are being judged based on their actions, and not on who they are, what they represent or embody, or their very nature even. We have to be careful about that. That is why the bill will be examined in committee by my colleague from Chicoutimi—Le Fjord and others. It is important to remember that, as parliamentarians, we do indeed have the right to debate bills here.

I participated in all of today's debates and I was surprised to hear some of my government colleagues criticize us for rising to speak to this bill. Need I remind the government that this bill, which is almost a carbon copy of what we produced three years ago, was only introduced after three years by the Liberals? It is not because there are seven, eight, ten or twelve members who want to speak and debate lasts for one, two or three days that members will take offence and start getting annoyed. We must remember that our first duty here, in the House of Commons, is to express ourselves, as we are doing, to the extent possible and, above all, within the allotted time frame.

[The Assistant Deputy Speaker, Carol Hughes]

The member will have three minutes the next time this matter is debated in the House as well as five minutes for questions and comments. He will therefore have a great deal of time to debate this further.

The House resumed from October 1 consideration of the motion 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.

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, I will be splitting my time with the very fine and hon. colleague from Kingston and the Islands.

It is an honour for me to once again rise in this honourable House to speak on behalf of the residents of my riding of Davenport on Bill C-77, which is an act to amend the National Defence Act and to make related and consequential amendments to other acts. The focus of my comments over the next 10 minutes is to discuss the importance of this bill and its implications for indigenous peoples.

Before I begin, I want to say that repairing the relationship and building a new nation-to-nation relationship with the indigenous people of this country is very important to Davenport residents. They want to see both a renewed relationship and that we have made key progress. I am very glad to be focusing on the implications for indigenous peoples and highlight two key things that this bill would do that would specifically benefit the indigenous peoples of Canada.

The first is that Bill C-77 includes indigenous sentencing provisions that would require that military tribunals consider the circumstances of indigenous offenders at sentencing, as is the case in the civilian justice system. The second is that through Bill C-77, we would ensure that indigenous people are given the same rights and respect in the military as in civilian courts.

I am getting a little ahead of myself, so I will provide some context. Each time that Canada has called upon its armed forces, indigenous peoples have volunteered to proudly and honourably serve their country. Many have done so while facing discrimination and inequality from the very people they were sworn to defend and the very institution they have chosen to serve. It is part of our history that we acknowledge sadly, and a wrong that we seek to right each and every day.

As all members of the military, indigenous service members make sacrifices to serve. They have left their homes, families and communities to fight in war zones so that Canadians may enjoy peace and security here at home in Canada. They were valued allies in the War of 1812. Then came the First and Second World Wars when thousands of indigenous servicemen and women risked their lives for freedom. They did so again in the Korean and Gulf wars. More recently, indigenous Canadian Armed Forces members served in missions in Bosnia, Kosovo, Afghanistan and other UN-led missions.

When I was in Iqaluit, I saw a monument that was dedicated to indigenous Canadians who died in service of this country in various wars in our past. There are countless members of the Rangers who work diligently to protect our sovereignty, perform search and rescue operations, and carry out operations and patrols. I had a chance to meet with a group of them when I arrived in Iqaluit over the summer via the Canadian leaders at sea program that sailed on the HMCS Charlottetown from St. John's, Newfoundland, to Iqaluit. It was wonderful to meet the Rangers, to understand the work they do and how well they work with our Canadian Armed Forces. It was wonderful to have an opportunity to meet them.

I am not here to give a history lesson but to reaffirm the respect we have for indigenous Canadian Armed Forces members and how the legislation our government is proposing now reflects that respect.

As the Prime Minister has stated before, no relationship is more important than our relationship with indigenous peoples. Based on self-identification statistics from May 2017, indigenous Canadians make up a total of 2.7% of our armed forces. This means that nearly 2,500 indigenous members, in total, now serve in the regular and reserve forces. They are employed in careers throughout the Canadian Armed Forces and have become leaders in fields as diverse as engineering, physiotherapy, vehicle maintenance and systems specialities. Suffice it to say, their contributions are notable and Canadians owe these members a great debt of gratitude.

Our government has put an unprecedented focus on reconciliation with indigenous peoples. We understand that for far too long, indigenous peoples have had to prove their rights exist and have had to fight to have them recognized.

This past November, our Prime Minister delivered a powerful and long overdue apology to residential school survivors in Newfoundland. However, as the Prime Minister stated, saying sorry is not enough. Saying sorry does not undo the harm that was done and does not bring back the culture they lost. A real apology begins with action. That is why we are taking steps for real and lasting change.

Earlier this year, our Prime Minister stood in the House to discuss the recognition and implementation of rights framework. That was done in February of this year. The importance of that is we are taking a much more proactive stand and in doing so, we are not only transforming the status quo of how Canada operates and interacts with indigenous people, but also challenging and supporting indigenous communities in a positive way to lead change, rebuild and find solutions, and take their rightful place within Confederation in ways that reflect indigenous self-determination.

I am very proud that we did that earlier this year. Our Prime Minister further stated that it is our job as a government to support, accompany and partner with first nations, Inuit and Métis people. It is our responsibility to provide them with the framework and tools they can use to chart a path forward. The framework will lay the foundation for real and lasting change. It is up to us to take concrete action toward a better future for indigenous peoples.

Actions include reducing the overrepresentation of indigenous Canadians in federal prisons, which is about one-quarter of all inmates in Canadian prisons. Unfortunately, female incarceration rates are higher than men's, at 38%. It is something we really need to work on.

Indeed, this is one of the priorities set out in the Minister of Justice's mandate letter from the Prime Minister when she first was appointed. This speaks directly to the calls to action declared by the Truth and Reconciliation Commission, which was called upon by our government to address the overrepresentation of indigenous people in custody.

While the military justice system has not experienced overrepresentation of indigenous offenders, the proposed changes to the National Defence Act reflect our understanding that indigenous Canadians have faced very difficult histories and that they should be taken into account when determining which sentences would best serve justice in each particular case. The proposed amendments to the National Defence Act mirror the civil system's considerations for sentencing and our nation's history.

As it currently stands, the National Defence Act does not mandate military tribunals to consider the specific circumstances of indigenous Canadians when determining sentencing the way our civilian criminal justice system does.

This legislation will change that and bring the military system more in line with our civilian criminal justice system. Canadian civil courts are mandated to consider the circumstances and history of indigenous offenders when considering sentencing options. This information then informs the judge's decision about appropriate sentencing for the indigenous offender.

Bill C-77 would enshrine those same principles in the military justice system. The proposed legislation will expand on the principle that, in all cases, a sentence should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces that is appropriate given the gravity of the offence committed and the responsibility of the offender.

The legislation then goes a step further and mandates particular attention to the circumstances of indigenous offenders when determining appropriate sentences for service offences. The hope is that keeping indigenous offenders out of civilian and service prisons and detention barracks, when justice can be met through other punishments, will allow for better outcomes, greater rehabilitation, less recidivism and a greater sense of justice within Canada and our military.

Amending the National Defence Act speaks directly to our government's efforts to repair and renew our relationship with indigenous peoples. Our Department of National Defence is also committed to focus on building relations with local chiefs and engaging with local communities. I know there is a lot more work that needs to be done in our reconciliation efforts, but I know that the bill goes a long way along this path. I am confident that our government will continue to take this right path forward.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I thank my colleague for her presentation.

However, we are left wondering why it has taken so long to introduce this bill and why the proposed measures, which we generally support, were not introduced along with those that went into effect in September 2018.

There is one question that has gone unanswered, and I hope that the member will be able to enlighten me. Acts of self-harm continue to be considered an offence in the military justice system.

What protections will the Liberals put in place to ensure that members of the military have access to mental health services without fear of reprisal or disciplinary action?

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, in terms of timing, I think we all wish things moved a lot faster in the government. All I say is that I am absolutely pleased that we finally have this before the House that we are finally strengthening victims rights within the military justice system.

In terms of my colleague's question around mental health and supports within this bill, what I will say is that this bill would give victims of service offenders clear statutory rights to information, protection, participation and restitution within the military justice system. It would also create the role of a victim liaison officer who would help guide victims through the military justice system and all the services and elements available to victims.

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

Madam Speaker, I think all of us at the defence committee are looking forward to having this bill get before us in relatively short order so that we can go through the bill clause by clause. This bill is a copy of Bill C-71 under the former Conservative government that was tabled just before the last election. It has taken three years to get it this far. I am glad we finally got it here but we have to move on it when we get it to committee.

I was wondering if my colleague would talk a little bit about this. She mentioned the victims bill of rights, which is in the Criminal Code now, and how we are incorporating that within the National Defence Act to ensure that victims of crime in the military system have the same rights and abilities. It also refers to the importance of rights to information for victims.

Unfortunately, correction services Canada broke the bill of rights when it transferred Terri-Lynne McClintic, the murderer of Tori Stafford, into a healing lodge. That information should have been shared with the family of Tori Stafford and in particular, Rodney Stafford, her father.

I wonder if my colleague would talk about how we remedy that within Corrections Canada since we are now bringing the rights for the victim into the National Defence Act in Bill C-77.

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, there are a couple of comments that the hon. member made, which I would like to respond to.

My understanding is that there was a similar bill introduced under the former Harper Conservative government. However, it was introduced in the dying days of that government. I wonder whether there was any intention to actually pass that legislation. We have made sure that this legislation was introduced in more than enough time for us to be able to see this bill through the legislative process. I am very proud that we, through this bill, will be strengthening victims rights within the military justice system.

In terms of some of the additional comments that the hon. member made, there is, as part of this bill, the declaration of victims rights. It would ensure that victims who come forward to report harassment and misconduct would have the support that they need. It very much builds on Bill C-65, which is our commitment to create workplaces free from harassment and discrimination from the federal sphere. Also, as I mentioned earlier, for those victims who are looking for specific services, it would create the role of a victim liaison officer who would help guide them through the military justice system and what is available to help them.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I thank the hon. member for Davenport for sharing her time with me today.

I stand today in support of Bill C-77, which would bring important changes to Canada's military justice system, including greater support and new statutory rights for victims of service offences.

During today's debate, I will focus my remarks on one specific aspect of the legislation: the proposed reform to the military's summary trial process. These changes would enhance the efficiency of the military justice system. They would preserve the current responsiveness of the system in maintaining discipline, while simplifying the process of dealing with more minor breaches of military discipline.

Our military justice system is unique and necessary. It contributes significantly to the ability of our armed forces to achieve its mission here at home and around the world. It does this by assisting military commanders in maintaining discipline, efficiency and morale.

In Canada we hold our military members to a high standard, a standard which is also different from what we expect from a civilian. These men and women not only serve our country,they also represent it within our borders and abroad. Their discipline affects not only the operations of the Canadian Armed Forces, but also our reputation as a great country throughout the world. They are expected to conduct themselves accordingly. They must reflect the best of us. In times of peace and armed conflict, the foundation of military efficiency and excellence is an adherence to law, a commitment to discipline and obedience to authority. Rules must be obeyed. The chain of command must be respected. Breaches of military law must bring consequences for the greater good of the military and all Canadians.

Serious breaches of military discipline are handled by courts martial. This would remain unchanged under the proposed legislation as courts martial would retain the sole jurisdiction over service offences. However, Bill C-77 would change and improve how minor breaches of military discipline are handled. It would replace the current summary trials process in the Canadian Armed Forces with a new system of summary hearings to better ensure minor breaches are heard and ruled on in a fair and timely manner.

In Canada we take pride in being a global leader in the development of a fair and effective military justice system. Bill C-77 demonstrates that continuing commitment by enhancing the rights of victims and the efficiency of our military justice system. Historically, summary trials have made up over 90% of all tribunals and courts martial have made up the remainder. This system was established under military law to ensure justice in respect of minor service offences. The proposed summary hearing process seeks to enhance the efficiency of the military justice system. It would do so by creating a process which deals with minor breaches of military discipline quicker and more simply.

The new process would be non-penal, non-criminal in nature. It would focus exclusively on minor breaches of military discipline. Hearings would be conducted fairly, more rapidly and by a wider range of military officers. The summary hearing process would maintain the current responsiveness and enhance the overall operational effectiveness of the Canadian Armed Forces. It is about ensuring that we, as a country, adapt with the times and continue to respect the guidance the Supreme Court of Canada provided us some 25 years ago. At that time, it noted, “To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently.”

The proposed reforms would also show trust and confidence in our military leaders. By improving the chain of command's ability to address minor breaches of military discipline, we would contribute to improving the efficiency of the system and the operational effectiveness of our armed forces.

It is important to emphasize to this House and Canadians that these new summary hearings would focus exclusively on minor breaches of military discipline. These minor breaches would be called service infractions and would be created in regulation. They would not be considered criminal offences and would be dealt with at the unit level. They would be punishable by one sanction or a combination of sanctions, including reduction in rank, reprimands and deprivation of pay. More serious breaches of military discipline, known as service offences, would continue to be tried under our system of courts martial.

To further increase efficiency, the officers who conduct summary hearings would have an extended jurisdiction so that they are able to conduct a hearing for persons of all ranks as long as the officer conducting the hearing is at least one rank higher than the person charged.

The Supreme Court has affirmed on a number of occasions that our military justice system is necessary to meet the needs of our Armed Forces. It falls to the government of the day to ensure that the military justice system is configured to help ensure the highest standards of conduct and discipline. This is required so that our Armed Forces are ready at all times to act decisively and effectively in service to their country.

Military justice must evolve just as civilian justice changes with the times. The proposed changes I have outlined today are about making the military justice system simpler, more effective and more efficient. They are about ensuring that minor and serious breaches to discipline are dealt with in accordance with their respective character.

The new summary hearing process would help ensure discipline and preserve morale at the unit level by issuing sanctions that are corrective in nature but do not involve detention or a criminal record. It would allow the chain of command to address minor breaches fairly and more rapidly, which in turn would contribute to the operational effectiveness of the Canadian Armed Forces.

In summary, Bill C-77 would create a faster, fairer and more flexible process to handle minor breaches of military discipline, a process that reflects our Canadian values while supporting the unique needs of the Canadian Armed Forces.

Since launching the new defence policy, “Strong, Secure, Engaged”, our government has been improving support for the Canadian Armed Forces and the men and women who serve. Bill C-77 would further contribute to an effective military that is ready to defend and protect Canadians at home and abroad. This is a good law, and I look forward to seeing it passed by this House.

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

Madam Speaker, my colleague from Kingston and the Islands is a member of the defence committee. I am looking forward to some of the discussions we will have around the committee table.

I want to ask the member if he is aware that the Court Martial Appeal Court recently ruled in the Beaudry decision. It was a split decision that has now been referred to the Supreme Court. Everything that we are trying to do in Bill C-77 to strengthen the judicial system within the Canadian Armed Forces could be completely undermined by the Beaudry decision, which is saying that all crimes committed that fall under the Criminal Code should be tried in a civil court. That creates all sorts of difficulties as it relates to a good order of discipline and morale within the Canadian Armed Forces. Of course, I think the chain of command is very concerned about this. We know that in the civil court system there is a huge backlog, especially with respect to sexual assault cases. If Operation Honour is to work at dealing with sexual misconduct within the Canadian Armed Forces, we need to have a strong military justice system.

I wonder if the member could comment on the possible questions that will arise with respect to the Beaudry decision once this bill goes to committee.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, as I have said before, I am not overly familiar with that particular case. I absolutely look forward to learning about it more so that we can have this discussion when the bill goes to committee. Having said that, I strongly believe there are always opportunities to improve the legislation, to adapt it, and to make the necessary changes. That is what our committee process is for. I look forward to working with the member for Selkirk—Interlake—Eastman when we get to that stage so that we can have those discussions and see where we can improve upon things.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, I had the opportunity to sit in committee during this study and there were some great witnesses, far more learned witnesses than I am. One of the witnesses, herself a criminal lawyer, testified that a great way to speed up the judicial process, which this bill is partly intended to address, was to fill some of the judicial vacancies. This administration has moved on that at a glacial pace. That impacts ridings, rural ridings specifically such as mine, Cariboo—Prince George. We are seeing cases being thrown out because a judge is not always available to hear some of the court cases. I would like to ask my hon. colleague his points of view on the glacial pace that his administration, this administration, is moving at to fill those judicial vacancies.