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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Harjit S. Sajjan  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

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.

National Defence ActGovernment Orders

September 21st, 2018 / 12:25 p.m.
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Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, for some reason, I thought we had moved on to another level of debate. Therefore, in all fairness to the hon. member, I was moving on and I did not focus. Perhaps he was speaking about first nations relationships or LGBTQ. Those two things were missing in the previous government's work. We felt that those two things were important to add to the bill.

When we talk about amending the National Defence Act, these things will make the National Defence Act stronger and more reflective of the values of Canadians.

I apologize to the member if I did not get the exact wording of his question, but, again, we are moving forward in a way that more reflects the values of Canadians.

National Defence ActGovernment Orders

September 21st, 2018 / 12:25 p.m.
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Liberal

Sven Spengemann Liberal Mississauga—Lakeshore, ON

Mr. Speaker, as our government made clear when we tabled Bill C-77, Canada's military justice system is both unique and necessary. It contributes significantly to the ability of the Canadian Armed Forces to achieve its missions in Canada and around the world. However, it must also continue to evolve in order to represent Canadian values.

I would like to take this opportunity to reflect for a moment on the many different facets of our Canadian Armed Forces, including the facets that are manifest in our communities.

I would like to give particular thanks to two organizations in my riding of Mississauga—Lakeshore, the Army, Navy & Air Force Veterans Branch 262 and the Royal Canadian Legion, Branch 82. I have watched them both work tirelessly to cultivate an environment where current and past members of the Canadian Armed Forces receive the support they need and deserve, while at the same time promoting a culture of leadership, respect and honour for all members of the Canadian Armed Forces. This is exactly who we are putting first with this new bill.

Today, many of my colleagues spoke of the benefits of the set of amendments being made to strengthen the legislation. Allow me to take this important opportunity to provide context to this discussion by giving an overview of the current military justice system, some of its elements and how they actually work in practice.

The first thing parliamentarians, and indeed all Canadians, should appreciate is that Canada's military justice system, while unique, forms part of a larger Canadian justice system, sharing many of the same underlying principles. It is subject to the same constitutional framework, including Canada's Constitution and of course our Charter of Rights and Freedoms. Exactly like the civilian system, its overall role is to ensure that justice is administered fairly and with respect for the rule of law.

Military members are liable for their conduct under both the code of conduct service discipline and provisions of the Criminal Code of Canada. However, the military justice system has a second purpose. It is also designed to promote the operational effectiveness of the Canadian Armed Forces. It does so by supporting the maintenance of discipline, efficiency and morale among military members.

The operational realities of military life mean that service members are often held to a higher standard of conduct than what would be expected of a civilian. That is because military personnel are often required to risk injury or even death in the performance of their duties, both inside and outside Canada. This necessitates discipline within and cohesion of military units.

The chain of command must have a legal mechanism it can employ to investigate and sanction disciplinary breaches. These breaches require a formal, fair and prompt response, one that ensures the culture of the Canadian Armed Forces reflects Canadian social values. Even though members of the Canadian Armed Forces are held to the highest standards of conduct, they do not give up the rights that are afforded to them under Canadian law, including under the Constitution. However, an individual's rights coexist with the basic obligations of military service.

The Canadian Armed Forces' capacity to operate effectively depends on the ability of its leadership to instill and maintain that discipline. This is a balancing of rights against the need to maintain a disciplined and effective armed force. It is important to understand this when considering the Canadian military justice system. The challenges of the armed forces are profound and are not shrinking in magnitude, both domestically and overseas.

These realities of military life and service have been acknowledged by the Supreme Court of Canada. On multiple occasions, the court has directly addressed the importance of a distinct military justice system to meet the specific needs of the Canadian Armed Forces and its serving members.

In 1997, former chief justice of Canada, the Right Hon. Brian Dickson, conducted an independent inquiry of the military justice system. In his report, he concluded that “the need for a separate and distinct military justice system is inescapable” and that the chain of command is central to this justice system.

The military justice system also enables Canada to respect its international obligation to hold members of the military accountable for their actions during naval, ground, and air operations, including those that fall under the law of armed conflict.

Two other independent inquiries of the military justice system have been carried out: one, by another former chief justice of Canada, the Right Hon. Antonio Lamer, in 2003; and the other, by the Hon. Patrick LeSage, former chief justice of the Ontario Superior Court of Justice, in 2011.

Justice Lamer concluded, and Justice LeSage agreed, that “...Canada has developed a very sound and fair military justice framework in which Canadians can have trust and confidence.”

I want to assure my hon. colleagues that leadership and training are central to maintaining discipline, and furthermore that disciplinary action involving the military justice system is not to be taken lightly.

The military justice system ensures that military decision-makers act appropriately and within their authority when making decisions affecting a service member's rights. Such decisions must conform to the law and be just. A lack of fairness can seriously undermine cohesion, morale and discipline and it can adversely impact unit effectiveness.

While these disciplinary actions are not to be taken lightly, each year hundreds of service members find themselves before the military justice system. It is a system that is used and it is a system that must be effective and efficient.

When there are reasons to believe there has been an offence, an investigation is conducted to determine whether there are sufficient grounds to lay a charge. If the complaint is of a serious or sensitive nature, the Canadian Armed Forces National Investigation Service examines the complaint and then investigates as appropriate. Otherwise, investigations are conducted by military police or at the unit level. With the exception of certain service offences of a minor nature, legal advice is required before a charge may be laid.

The military justice system employs a two-tiered tribunal structure. More serious matters are addressed at court martial where a military judge presides, whereas minor matters maybe dealt with at summary trial, where there are qualified officers who preside. Both tribunals can be held wherever the Canadian Armed Forces are deployed and this is an operational necessity.

Courts martial are formal military courts and they are presided over by independent military judges. These tribunals are designed to deal with more serious offences and they are similar to Canadian civilian criminal courts.

The accused person is entitled always to be represented at a court martial by defence counsel from the director of defence counsel services at no cost or by a civilian counsel at his or her own expense. There are two types of courts martial. A standing court martial is conducted by a military judge who sits alone and who is responsible for the finding on the charges and imposing a sentence if the accused person is found guilty. For the most serious offences, or if chosen by the accused person, a general court martial will be convened where the case is presided over by a military judge and the verdict is decided by a panel of five other members of the Canadian Armed Forces.

Summary trials are designed to deal with relatively minor offences. That is important for the maintenance of military discipline and efficiency at the unit level. These trials are presided over by officers from within the accused person's chain of command, including commanding officers, delegated officers to whom a commanding officer has delegated his or her powers and superior commanders. All presiding officers are trained in a curriculum established by the judge advocate general and are certified to perform their duties. Summary trials allow military commanders to administer discipline, enabling members to return to duty as soon as possible.

An offender may request a review of the findings of a summary trial by a review authority. If he or she remains unsatisfied, the offender may then appeal for judicial review by the Federal Court of Canada.

In each and every case, an accused has the right to be tried in the official language of her or his choice and, in each and every case, an offender convicted at a court martial has the right to appeal to the Court Martial Appeal Court of Canada, a civilian court comprised of three judges selected from the Federal Court of Canada. These decisions can in turn be appealed to the Supreme Court.

The military justice system remains a vital facet of the Canadian Armed Forces. It must also continue to evolve to meet the expectations of Canadians and the needs of the Canadian Armed Forces. This is precisely what Bill C-77 sets out to do.

National Defence ActGovernment Orders

September 21st, 2018 / 12:35 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I will be splitting my time with our hon. colleague from Edmonton West.

It is an honour to stand and speak to Bill C-77.

Today we are talking about Bill C-77 and the military justice reforms from the government. Essentially in the eleventh hour and pre-writ for the most part, the government has chosen to table a bill which it has said is going to be absolutely transformative and is so important. The Liberals believe very strongly in it, yet there are so many other pieces of legislation that came before this bill, such as changing the words to our national anthem and the cannabis piece of legislation, and now we have Bill C-77 which talks about enshrining victims' rights into our military justice system.

I will say right at the outset that the Conservatives always err on the side of victims and believe that victims' rights should always be there. As a matter of fact, it was our previous Conservative government that enacted the Victims Bill of Rights Act. We support enshrining victims' rights into the military justice system. It is why we introduced Bill C-71.

People who are listening to this debate should not get that bill confused with the backdoor registry Bill C-71 that has been talked about in the last couple of weeks, which the Liberal government is trying to bring through this House and unfairly punish law-abiding gun owners. I am talking about Bill C-71 which was brought forward by the previous Conservative government. The hon. member for Dartmouth—Cole Harbour actually thanked us. It will go down in Hansard that we actually had a Liberal thanking us for all the hard work that we did. We actually did the hard work on this file.

Bill C-71 and Bill C-77 are almost identical, with the exception of a couple of minor things. All the Liberals did was take the cover page off and change the name, which is what we see them do very often with a lot of the good pieces of legislation they have brought forward. They did change C-71 to C-77. They have to put their Liberal spin on it, and we will get into that in a bit.

Also, prior to getting into the depth of this, I will say that this is not my file. I do not profess to be proficient in all the legal terms and all the benefits that Bill C-77 would bring, but I will talk about victims' rights.

It is interesting that earlier during question period and throughout the week, we were talking about a gentleman who committed a heinous crime and through the course of committing that crime gave himself PTSD. He committed murder. He actually murdered an off-duty police officer, put her into a garbage bin and then rolled it out and like trash tossed her aside. Now he has actually stepped in line with veterans, stepped in line before the veterans, and is receiving mental health services.

I receive messages from veterans and first responders every day about mental health challenges. I also receive messages every day from victims of crime who felt that when the Liberal government came in and started its hug-a-thug programs, the process was rigged against them. I actually get calls and messages from law enforcement officers who say that the system is now rigged against them, that it is harder for them to do their job. We should be doing everything in our power to give those whom we trust to protect us, our silent sentinels, every tool to be able to do their job, to be able to do their mission and come home and remain healthy and productive.

We should be giving the victims every opportunity to be protected and to know that when their day in court comes, the focus will be on them and their rights and not on the person who committed the crime.

I sat through the debate on Bill C-75. This is a piece of legislation where the government is looking to speed up our judicial process. We should not be speeding up the process. We should be making it effective, making sure that those who come before the courts get the appropriate rights and freedoms that we all enjoy, but those who are found guilty, if they do the crime, they better do the time.

I will not get into that. I am not a lawyer, but there is a lawyer sitting in front of me. There are far too many lawyer jokes that I could insert here, but I will not do that.

It was interesting to sit through the debate on Bill C-75. I listened to the witnesses who came before committee. They were very articulate and they all said the same thing. They all had the same concerns. They said we should not weaken our system, that we should make sure that victims are not revictimized through the court process. They want to know that they will get their day in court, that every tool available will be there to make sure that the perpetrator of a crime, if found guilty, will serve the time.

Bill C-77 is almost a carbon copy of Bill C-71. There are a couple of changes which I will talk to right now.

The main difference between the two bills is the addition of the Gladue decision into the National Defence Act in Bill C-77. This addition would mean that aboriginal members of the Canadian Armed Forces who face charges under the National Defence Act may face lighter punishment if convicted. I will not say “will”. This document says “will”, but I would say “may”. I still believe in our judicial system. They may face lighter punishment if convicted.

It also would mean special consideration for indigenous members, taking in their background and perhaps what they went through. We have heard horrific stories over the years.

We need to make sure that there is a parallel system and the addition of special consideration for indigenous members that results in sentences that are perhaps less harsh versus their other CAF colleagues and comrades. The concern would be that perhaps that could undermine operational discipline, morale, and anti-racism policies. It may be well intended but it could have unintended negative consequences.

We support getting the bill to committee where we can study it further and hear from groups that come before us and offer their opinions. I look forward to that.

I want to go back to the couple of hours of discussions I sat through on Bill C-75. I am conscious of the short amount of time I have to speak, but I want to comment on this. My hon. colleague down the way mentioned this as well. First, we should do everything in our power to give those who are enforcing our laws every tool possible for them to complete their mission and to remain healthy. Second, we should be doing whatever we can to make sure that we institute mental health components within our legislation to make sure that they come home healthy. We should not be trying to speed up our judicial system. We should be finding ways to make it effective.

National Defence ActGovernment Orders

September 21st, 2018 / 12:45 p.m.
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Liberal

Sven Spengemann Liberal Mississauga—Lakeshore, ON

Madam Speaker, I would like to thank my colleague from Cariboo—Prince George for his commitment to this issue.

If we set aside the sometimes cantankerous politics of a Friday afternoon, there is actually much broader consensus across the parties than may appear. I think we all fundamentally support this bill and recognize its importance.

Perhaps my colleague could talk a little about three particular things that are part of this bill. The sentencing principles are now opened up to indigenous Canadians and also Canadians of minority gender identity and expression. I see the Canadian Forces not only as an incredibly important instrument for Canadian foreign affairs and defence policy and international engagement, I also see it as a place of employment for Canadians. With the introduction of these three principles, it opens the Canadian Forces up more broadly to consideration by recruits across our social spectrum.

National Defence ActGovernment Orders

September 21st, 2018 / 12:45 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, it is 2018, and as we move through the history of our country, as we move forward, so must our pieces of legislation adopt and adapt. The things we knew yesterday may be different from what we know today.

Prior to offering a more in-depth answer to that question, I would say that I do not know the piece of legislation well enough to be able to offer a knowledgeable and well thought out answer.

National Defence ActGovernment Orders

September 21st, 2018 / 12:45 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I want to thank my colleague from Cariboo—Prince George for his hard work, his very important work, on behalf of those Canadians, those members of the Canadian Armed Forces, veterans, and first responders with PTSD. I really appreciate and I think all Canadians appreciate that work.

On that, the member just touched on the issue of mental health in this bill and in the Canadian Armed Forces. I wonder if he would support an NDP proposal to have an amendment to this bill to remove the offence of self-harm from the military code of service discipline so that Canadian Armed Forces members can get the help they need without the risk of receiving disciplinary action at the time when they need that help the most.

National Defence ActGovernment Orders

September 21st, 2018 / 12:50 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I am going to offer my hon. colleague an answer in complete honesty. He knows how I feel with respect to self-harm and suicide and the mental health challenges faced by some of our brave men and women who put the uniform on every day in service to our country. We must be doing everything in our power to encourage them to stop suffering in silence and to come forward.

Without going into the details of the bill, because I am not well aware of it, if that would break the stigma and encourage those who are suffering, those who put the uniform on, those who see human tragedy every day to come forward and not fear persecution for doing so, I would be for that. However, again, this is not my area of expertise.

National Defence ActGovernment Orders

September 21st, 2018 / 12:50 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, from my review of the legislation that we are debating today, there is no statutory review within five years.

I do think that anytime we make major adjustments to a system, there should be a proper review. Does the hon. member agree with that assessment?

National Defence ActGovernment Orders

September 21st, 2018 / 12:50 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, we should be building that into every piece of legislation because as we move forward, as we adopt, as our hon. colleague mentioned in a comment earlier on, the things that we know today we were not aware of yesterday. As we move forward, we should have a form of periodic review in every piece of legislation.

National Defence ActGovernment Orders

September 21st, 2018 / 12:50 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I decided to join my colleagues today in speaking to Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts. Throughout the day we have heard some wonderful speeches explaining a lot of the great good that the bill would eventually do. We are very honoured to have a lot of veterans from our Armed Forces serving as MPs who have given some wonderful insight. I want to thank them for that and also for the general nonpartisan discourse we have heard today.

I call the bill the “freaky Friday bill” because the government has basically swapped titles with a bill by the previous Conservative government. For those who are not followers of pop culture, Freaky Friday was a movie in which Lindsay Lohan and Jamie Lee Curtis played daughter-mom characters who switched bodies. It is quite interesting that the Liberal government has consistently labelled the opposition as Harper Conservatives, yet it does not hesitate to try to pass off Harper Conservative legislation as its own, as it is doing with Bill C-77. There is barely a sentence muttered by that side of the House that does not blame every problem under the sun on Harper Conservatives. It is kind of funny to be debating the Liberals' copy of the Harper Conservatives' legislation. It is too bad that the government does not copy the Harper Conservatives' commitment to victims of crime.

We are debating a bill that is almost a direct clone of a previous military justice reform bill, Bill C-71. It was introduced by the Harper government because it was simply the right thing to do. We believe that someone needed to stand up for victims of sexual misconduct and other forms of discrimination in the armed forces. It is the ultimate irony that we are debating victims' rights in this legislation on the day when question period was focused on the government giving military benefits to a murderer who never served a second in our military, but I digress.

The bill introduced today shows that the Liberals are following the good examples that our party set by keeping the items that we had in our bill, including enshrining the victims bill of rights into the National Defence Act, putting a statute of limitations of six months on summary hearing cases, and clarifying what cases should be handled by a summary hearing.

The fact that it took the Liberals three years to introduce the bill is disgraceful. It confirms the Liberals' position that victims' rights are secondary to basically everything else. It should come as no surprise, considering how long the government is taking to appoint judges to ensure that those arrested for horrific crimes are not set free due to judicial delays.

We had a a gang member suspected of committing mass murder released in Calgary as a result of the government's refusal to appoint judges. This gang member, who is suspected by the Calgary police of murdering up to 20 people in Calgary, has been set free. Moreover, another accused murderer was set free in Edmonton due to the government's inability to appoint judges. A man in Nova Scotia who broke both of his infant child's legs with a baseball bat was set free due to delays because the government will not prioritize justice.

Here we have waited three years for this legislation to be brought to the House, legislation that is almost identical to Bill C-71 by the previous government. It is not as if the Liberals had to start from scratch, yet it took them three years to bring it to the floor.

I want to look at some of the legislation brought in by the Liberals that is apparently of higher priority than victims' rights. Bill C-50, an act to amend the Canada Elections Act (political financing), was brought in to address their own unethical fundraising scams. They were caught selling access to ministers, so they brought in legislation to curtail their own unethical fundraising. Of course, they probably continue to allow lobbyists to pay for direct access to the ministers. Here is a thought: Why not just act ethically and not require legislation to address their cash for access scandals, and instead prioritize this legislation for victims?

Bill C-58 would amend the Access to Information Act, but the Liberals have still have not done anything with it. Access to information is very important, but the legislation introduced by the Liberal Party watered down access and transparency. The Liberals took the time to introduce legislation that would weaken Canadians' access to information and put it as a higher priority than legislation for victims.

Earlier, the government House leader, who introduced Bill C-24, was heckling me about government priorities. Bill C-24 aimed to pay ministers of state at the same rate as ministers and changed the official title of the public works department act. That ridiculous bill basically just changed the salary of certain ministers of state to match cabinet ministers' salaries.

Legislation already existed to allow the Liberals to do that, but they had to bring in new legislation for certain unnecessary reasons. They also spent time changing the official name of Public Works to Public Services and Procurement Canada. They spent days in the House debating that bill, days in committee studying it. How is this possibly more important or a greater priority than victims' rights? It is another example of poor leadership by the Prime Minister and how he is constantly failing our troops. It is just like the used jets, taking away tax relief for troops fighting ISIS, saying that veterans are asking for too much, and doing absolutely nothing to get our troops the equipment they need in the numbers they need. The government is failing our troops.

Our previous Conservative government focused on restoring victims to their rightful place at the heart of our justice system. It is why we introduced Bill C-71, which mirrored the Canadian Victims Bill of Rights that was adopted by Parliament, to ensure that those same rights were incorporated into military law. It was the result of several years of work and took into account the hundreds of submissions and consultations held with victims and groups concerned with victims' rights.

We have seen what the Liberal government has done for our troops and veterans over the last three years, so we are not going to hold our breath that it is will actually move forward with the legislation here.

This can be seen from the Liberals' consistent commitment to progress on a variety of items. For example, they set-up studies and ignore the findings, introduce legislation and then wash their hands of the issue.

I would like to talk about the government's beloved wordplay exercise “what I say and what I mean”. The government specifically says “investment” rather than “spend”, so it can completely sidestep any responsibility for action because, technically, introducing a bill on an issue is an investment, an investment in time and news releases.

We note there are very few instances of the government actually putting spending in place for any given investment opportunity. In cases where legislation is introduced, we see few instances of achieved results. The government's “Strong, Secure, Engaged” plan for our troops is a prime example. It touts its record investments, but experts agree that the likelihood of its being executed is slim to none.

According to a report published by Dave Perry at the Canadian Global Affairs Institute, there is a significant gap between spending allocations and capital spending. Perry writes:

As a percentage increase relative to 2016/2017, the capital projections in SSE would see spending increase by 98 per cent in the policy’s first year, 106 per cent in its second, 172 per cent in its sixth and by 315 per cent by 2024/2025.

These increases in spending are not comparable to any other time in Canadian history except the Korean War. We have pie in the sky ideas from the government on what it is going to do, but when it comes to actually doing it, our troops are left empty-handed. Suffice it to say, while the intentions behind this bill are sound, the likelihood of the government's actioning them is slim.

I would like to go through a couple of other things the government has on the go, things like “Strong, Secure, Engaged”, as I mentioned; Phoenix, and of course we know where that is; Trans Mountain, with billions of dollars being spend on a pipeline that is not getting built; and the veterans hiring act. We actually met in committee yesterday and discussed why the government was not moving on that. We just received a shrug from the Liberal members and witnesses. Other items include infrastructure and electoral reform. Again and again, we see the government making commitments it does not follow through on. There is also the issue of fighter jets, buying old jets from Australia so it does not have to take the political hit for buying the F-35 in an election year. It is going to take the government longer to procure sleeping bags for our troops than it takes our NATO allies to run open competitions for their new fighter jets.

While being similar in a number of ways with the Conservative government's previous bill, Bill C-77 is different in some key ways. That is why this side of the House would like to see it further discussed and debated at committee. As with any legislation, especially as it pertains to our troops, we should ensure that due diligence is done, that our concerns about certain areas are discussed, and that the bill is discussed with experts and officials at committee. Conservatives very much support enshrining victims' rights in the military justice system. It is why we introduced Bill C-71 in the previous Parliament.

Victims' rights are important. This legislation is important. Here is to hoping it does not get added to the government's long list of items on its mandate tracker as “under way with challenges”.

National Defence ActGovernment Orders

September 21st, 2018 / 1 p.m.
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Serge Cormier Parliamentary Secretary to the Minister of National Defence, Lib.

Mr. Speaker, I would like to set the record straight. In his speech, my colleague talked about making justice a priority, so let us focus on that.

We know that the Conservatives introduced their bill right before the last election. If that bill was such a priority to them, why did they wait until right before the election to introduce it?

They had 10 years to bring forward that kind of legislation, but they did not. They could have done something in the budget for the Department of National Defence. As we know, however, they were too busy cutting funding to that department.

Our bill is quite different than their bill, because it includes a provision for special consideration for the sentencing of indigenous peoples in the military justice system. Another provision is for harsher penalties for misconduct and service offences related to discrimination against the LGBTQ community.

Does the member support the provisions regarding indigenous peoples and LGBTQ communities?

National Defence ActGovernment Orders

September 21st, 2018 / 1 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I would like to perhaps invite the parliamentary secretary to grab Doc Brown and Marty McFly, get into his DeLorean, and go back to the future, because we are not debating what went on years ago. We are debating the Liberal government's inability to prioritize victims' rights. When we ask the Liberals why it has taken them three years to bring this legislation forward, their argument is to blame Harper. The main part of Bill C-24 was to change the title of Public Works to Public Services and Procurement. Why is that a higher priority to the member opposite than victims' rights? Why is it more important to them to put all of this minutia ahead of our troops?

I think the member needs to take a serious look at the inaction of his government and realize that we need to look at this issue now and not spend time focusing on the past.

National Defence ActGovernment Orders

September 21st, 2018 / 1 p.m.
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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I appreciate the comments by my hon. colleague from Edmonton West. NDP members have commented during the debate that even with the changes made in this bill, it will still be an offence under military justice to commit self-harm, and those who come forward seeking help within the military might in fact be subject to discipline. Therefore, we are looking for an opportunity during committee to offer amendments that would ensure that the real needs of the military personnel and their mental health are met, and that they get those services instead of being penalized. I am curious what my hon. colleague thinks about those kinds of changes to this bill.

National Defence ActGovernment Orders

September 21st, 2018 / 1:05 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, that question came up previously from the member for Victoria, and other members of the NDP.

I think it is a very important issue that needs to be discussed. I fully support calling witnesses at committee. I fully support calling veterans who have dealt with this issue, and other experts so we can hear first-hand of the importance of this. I fully support its being discussed at committee, and I hope it will be looked at in a very fulsome manner.

National Defence ActGovernment Orders

September 21st, 2018 / 1:05 p.m.
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Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Mr. Speaker, my colleague from Acadie—Bathurst asked our colleague from Edmonton West an excellent question earlier, but we have not had an answer.

In case he did not understand the question, I will repeat it: does he agree with the provisions of Bill C-77?