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

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I think it is important, because it would give teeth to the rights of victims in the military justice system, something that has been lacking. With the passage of Bill C-77, those rights would be enshrined. There would be processes in place to ensure that victims were able to receive those four pillars: the right to information; the right to privacy; the right to restitution, where appropriate; and the right to be heard at all stages of the court process.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Madam Speaker, one of the big issues in my community, and a real moment of celebration as far as legislation that was passed, was Bill C-16, which added rights to our Human Rights Act and the Criminal Code about gender identity and gender expression. Does my colleague across the way not feel that it would be a great improvement to add to this bill that an aggravating factor to be included when considering a sanction is whether the service infraction was motivated by bias, prejudice or hate based on sexual orientation or gender identity or expression?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I look forward to supporting Bill C-16 so that it can go to committee and that section of the bill can be carefully looked at.

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

Madam Speaker, I thank my colleague from St. Albert—Edmonton for his knowledge of the justice system and the work he does on behalf of victims so frequently here in the House.

He mentioned during his speech that it is almost strange to listen to the Liberals talk about victims rights, when everything we have seen from the government so far has not been about standing up for victims. Could he comment a bit more on how the Liberals like to hug the thug rather than actually support the victims?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, it is true that the record of the current government has not been a particularly positive one when it comes to standing up for victims. The fact that we have now waited three years for this bill to be introduced is instructive.

We see another bill before the House right now, Bill C-75, which would water down sentences for serious indictable offences. We saw the government defeat a private member's bill, introduced by the hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, Bill C-343, which would have made the victims ombudsman truly independent by making the position an independent officer of parliament rather than one housed within the Department of Justice. Finally, we saw the failure of the current government to fill the victims ombudsman position for nearly a year.

Contrast that with the prisoners ombudsman. It took the government a matter of two weeks to fill the position of the prisoners ombudsman. It was two weeks for the prisoners ombudsman and one year for the victims ombudsman. It speaks to the priorities of the government.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Resuming debate.

Is the House ready for the question?

[Some hon. members]

Question.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I declare the motion carried. Accordingly, the bill is referred to the Standing Committee on National Defence.

(Motion agreed to, bill read the second time and referred to a committee)

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I suspect if you were to canvass the House, you would find unanimous consent to call it 6:30, so we could begin the emergency debate.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Is there unanimous consent to see the clock at 6:30?

[Some hon. members]

Agreed.