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.

Supplementary Estimates (A), 2019-20

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Congratulations once again, Mr. Chair. I think this is our fourth time in committee of the whole together.

It has been an absolute privilege and an honour to be reappointed as the Minister of National Defence to serve our women and men in the Canadian Armed Forces. As I stated to many members, I welcome input from all members of Parliament in the House when it comes to serving our Canadian Armed Forces members.

I am eager to continue to implement Canada's defence policy, Strong, Secure, Engaged.

Strong, Secure, Engaged is a rigorously costed and funded transparent vision for the next 20 years of our Canadian Armed Forces. We are increasing our spending by 70% to ensure that our women and men in uniform have what they need to do the important job that we ask of them.

Our work is not just about defence. It is about positioning Canada for success in an uncertain world. Canadians know that we cannot be an island of stability in an ocean of turmoil. Eventually those negative ripples of conflict will reach our shores. It is about promoting the values and interests that are core to Canada's prosperity and security. It is about standing with our partners and allies as we put Canada's expertise to work on a global scale.

Today, through our supplementary estimates, I am requesting $463.6 million for national defence so the Canadian Armed Forces can continue their work. I make this request confident in the benefits and flexibility of the defence funding model. We only ask for funds when we need them. We make adjustments as requirements evolve. Savings are reallocated and earmarked funding is protected until we are ready to spend it. We do not leave money on the table. These supplementary funds will allow us to continue implementing Canada's defence policy, directly supporting our people and their families, expanding our capabilities and equipping our defence team to address the threats of the modern security environment.

First, we must invest in our people and their families. A resilient, inclusive and diverse defence team is critical to Canada's security and we are proud of our progress to support our people.

Just this summer, Bill C-77 received royal assent, marking a historic evolution of the military justice system and enshrining rights for victims into that system. We are working to right past wrongs as well.

The Canada pride citations are a tangible way to recognize the contributions of former LGBTQ2 members whose service careers were cut short due to discriminatory policies.

Two weeks ago, the Federal Court approved the final settlement agreement of the Canadian Armed Forces DND sexual misconduct class action lawsuit. We hope this settlement will bring closure, healing and acknowledgement to our members who were harmed by sexual misconduct in the workplace.

These are just a few of our efforts to ensure a safe, welcoming and inclusive workplace.

We also recognize the critical jobs our reservists play, which is why we restructured reserve pay to better align with the regular force, ensuring the same pay for the same day's work.

Last year, we reintroduced the veteran's service card and set up the Canadian Armed Forces transition group to better support armed forces members and their families alongside their journey.

We will be building on these initiatives. We are requesting just over $179 million in voting and statutory appropriations to fund recruitment, retention and other initiatives to support our people and their families, including competitive salaries and benefits, training and expanded transition resources. Investing in our people is not only the right thing to do, but it is necessary to grow our defence team to the size it needs to be to face the challenges of tomorrow, something we promised in SSE.

Taking care of people also means equipping them to do their jobs. This summer I was pleased to announce $250 million to upgrade reserve infrastructures across Canada over the next five years.

So far in 2019-20, we have invested over $440 million in major construction and maintenance and repair projects. All infrastructure projects are done with an eye toward greening defence.

While some parties continue to ignore the science on climate change and offer no plan to tackle this global challenge, our government is taking action against climate change. Our innovate energy performance contracts at wings and bases across the country are helping us to meet our climate objectives, while producing economic benefits for communities and creating significant long-term cost savings for Canadians.

Our efforts to minimize our carbon footprint have put us on track to reduce greenhouse gas emissions by 40% by 2030. These estimates also include $27.7 million for our ongoing project to replace the jetties at CFB Esquimalt so that our navy's infrastructure will be ready to accommodate existing and future ships.

As climate change contributes to a more accessible Arctic, we are also investing in the north, and that is why we are helping upgrade the Inuvik airport runway and why we have built the Nanisivik refuelling facility. These investments do more than help us defend our sovereignty and contribute to continental defence. These investments build relationships with our indigenous peoples who live in the north. They help us create jobs and economic opportunities and maintain access for all Canadians who live and work in those communities.

Our new Arctic and offshore patrol ships and projects like over-the-horizon radar technology will enhance our operating and surveillance capabilities in that vast and challenging environment. These estimates include $8.3 million for remotely piloted aircraft systems to further enable long-range intelligence and surveillance in Canada and on deployments. We are requesting $26.4 million to ensure that our CF-18s remain operational and interoperable with our allies until our new fighter fleet is ready. We are requesting $3.2 million to advance the Canadian surface combatant project, along with $177 million to support and upgrade the armoured combat support vehicle fleet.

The latter highlights the flexibility of the defence policy's funding model, which would allow us to begin this project five years sooner than anticipated. This would save us money that would have been spent maintaining an aging fleet. The project would benefit Canadians, supporting over 10,000 well-paying middle-class jobs across Canada.

Even with all the right people and all the right resources, Canada cannot tackle modern defence challenges alone. Global instability is heightened by the effects of climate change and scarcity. Rapid advances in technology bring both opportunity and risk. We face threats to democracy and challenges to the rules-based international order. In this environment, we must be innovative and collaborative, working across departments, across disciplines and across borders. That is why we are committed to being a reliable partner and a responsible global citizen.

These estimates include roughly $42 million as Canada's contribution to support the NATO common services, like military equipment and infrastructure. Our current contributions to NATO are significant. Commodore Kurtz is currently leading the Standing NATO Maritime Group Two. Major-General Jennie Carignan is leading the training mission in Iraq. Our contributions to NATO will be leading a battle group in Latvia and supporting our air policing in Romania. We are rejoining the NATO AWACS program that the previous government pulled out of.

This summer, we completed our United Nations peacekeeping mission in Mali and began providing tactical airlift support to other United Nations missions as part of Operation Presence in Uganda. We continue to advance the Vancouver principles and the women, peace and security agenda. As part of the Elsie initiative, Canadian Armed Forces has partnered with Ghana Armed Forces to find innovative solutions to overcome barriers to women's participation in peace operations.

To grow representation of women in peacekeeping, it means increasing the number of women who serve in our armed forces. That is why we will focus on growing the representation of women in the Canadian military to at least 25% of the total force by 2026.

I have barely scratched the surface of all the great work and collaboration happening across the security defence community as part of our SSE implementation. There is much more work to be done. The security challenges we face today are diverse, complex and far-reaching. They pose serious threats to our collective security and prosperity, so it is imperative that we invest in the right equipment, capabilities and initiatives to enable our women and men in uniform to do the difficult jobs that we ask of them. The additional $463.6 million is necessary to deliver on our commitment to support our people so they can continue to protect Canadians and advance peace and security at home and abroad.

Department of National Defence—Main Estimates, 2019-20

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Chair, I will begin with some brief remarks, but I want to spend the majority of my time on questions to the minister.

We all know that we ask the women and men of the Canadian Armed Forces to do difficult and dangerous work on our behalf each and every day, at home and abroad. As parliamentarians, we have a responsibility to make sure that they receive the training, equipment and support they need, both while they are serving and as veterans. Therefore, tonight, whether we are talking about actual dollars of spending, procurement or deployment, we have to make sure that we keep the serving members and their families central to what we are talking about here tonight.

The Canadian Armed Forces faces many challenges, as we all know, with recruitment and retention. Meeting those challenges is essential to make sure that the Canadian Armed Forces reflects the faces of our nation. Certainly the Canadian Armed Forces and DND have much work to do when it comes to dealing with some key issues, such as sexual assault within the military and mental health issues. This is both a matter of justice and a matter of how we are investing in those who serve their country, and it is a necessity if we are ever to meet those diversity goals.

As members will know, one of my concerns has been how the Canadian Armed Forces has been dealing with mental health issues. I acknowledge that there has been some progress made. However, I still have a large concern about death by suicide within the Canadian Armed Forces. We are still losing one serving member a month to death by suicide. That is over 160 members since 2005. It is a tragedy for all those families, and it is a tragedy for our country. That number does not even include reservists, because, unfortunately, we do not even keep good statistics on death by suicide of reservists, and of course, it does not count veterans who may be suffering from PTSD.

While there has been progress in acknowledging that not all injuries within the military are visible, we still have much more to do. We had one very big opportunity to do something in this area earlier this year. When we were talking about Bill C-77, the military justice reform bill, I proposed an amendment to remove self-harm as a disciplinary offence in the Canadian military code of conduct.

We held hearings and we heard from witnesses, such as Sheila Fynes, who lost a son to death by suicide while he was serving. We heard from experts on mental health. We heard from senior members of the Canadian Armed Forces. We had indications from a majority of committee members that they would support my amendment. I want to thank the Conservatives for their early support in trying to remove this barrier to treatment of mental health issues that is both symbolic and practical.

However, 30 minutes before we were to vote in committee on my amendment to remove self-harm as a disciplinary offence, the minister sent an email to every member of the committee asking us not to do this. The Liberals then voted against my amendment, saying it was out of order in a military justice reform bill, which is passing strange, since this is a bill that was already amending the code of conduct in several other places.

I have a very direct question for the minister. Why did the minister ask the committee not to remove this barrier to the treatment of mental health issues and to this very severe problem we have with death by suicide in the military? Why did the minister ask committee members not to remove paragraph 98(c) of the military code of conduct?

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Madam Chair, I see that nothing changes from question period to a committee of the whole, but that is okay. I will continue.

I am pleased to be here alongside the members of our defence team to update everyone on the important work that the Department of National Defence is doing for our women and men in uniform.

Throughout the evening, members will hear about how we are taking care of our people, how we are getting them the equipment they need and how we are supporting a rules-based international order as committed and engaged partners in the world.

Through our yearly departmental funding, we are able to deliver on the commitments we made in our defence policy, strong, secure and engaged, which we launched two years ago. “Strong, Secure, Engaged“ is a rigorously costed and funded transparent vision for the next 20 years of our defence policy.

After the Conservatives spent a decade cutting defence spending, we are increasing it by 70% to ensure that our women and men in uniform have what they need to do the important job we ask of them.

This policy guides how we support our nearly 67,500 regular force members, 29,000 reserve force members and 24,000 civilians. Our Canadian Armed Forces members operate across Canada and around the world. They stand ready to be deployed internationally in the name of Canada's safety and security, and they are always ready to assist Canadians here at home when disaster strikes in their communities, as we have seen this spring. More than 2,500 women and men in uniform answered the call to help those in Ontario, Quebec and New Brunswick hold back the flood waters and protect their homes. I would ask members to please join me in thanking each and every one of our members, our regular force members and our reserve force members, who help to keep our communities safe.

Our Canadian Armed Forces members contribute so much to our country, and they deserve policies and initiatives that support them through all stages of their careers. Initiatives like seamless Canada, the military spousal employment initiative and tax relief for our members who are deployed on named international operations, will all help to ease the stress on our military families.

Our full-time summer employment for reservists will allow them to gain unique and relevant work experience while learning valuable life and leadership skills that will help them find jobs. ln 2018, 7,200 army reservists from the country participated, and we hope to see that number grow every single year.

Bill C-77 is modernizing the military justice system by expanding the rights of victims to ensure that all voices are heard. I am proud to say that it is being studied at committee in the other chamber. Our sexual assault review program and Operation Honour are two of many efforts to address and eliminate sexual misconduct within the Canadian Armed Forces.

We are building a military that looks like Canada and making sure that all members feel safe and welcome as they defend our rights and freedoms at home and around the world. We have launched the Elsie initiative, which aims to increase the number of women in United Nations peacekeeping operations. We have made recruiting more women into our Canadian Armed Forces a priority, because we want a military that represents Canada. By 2026, we are aiming for 25% of our members to be women. That is not an end goal; it is just a guidepost for us to go to.

We are making progress. ln fact, right now, as part of our air task force in Mali, women make up 14% of Canada's deployed personnel. We will continue these efforts until our Canadian Armed Forces fully reflect Canada's diversity.

Our government is investing in the innovation and procurement that will better equip our women and men in uniform.

Unlike the previous government, which muzzled scientists and cut crucial research funding, we are supporting our people by investing $1.6 billion in innovation through our innovation for defence excellence and security program, or IDEaS, and also the mobilizing insights in defence and security program, which we call MINDS.

Both were created to tap into Canada's best and brightest minds, from individuals and small businesses to those at our world-class colleges and universities. They are helping to support defence innovation, and I am excited to see what comes from them next.

We have also made important progress on many of our capital projects, including our Arctic and offshore patrol ships. The first of our six ships, HMCS Harry DeWolf, is scheduled for delivery this summer. Just last month, I was in Halifax to mark the construction of our fourth ship, HMCS William Hall.

This winter, we announced the official winning design bidder for the biggest defence procurement project in Canadian history, the purchase of 15 Canadian surface combatants. Our future fighter capability project was also launched. The request for proposals will be issued in the coming months.

When we formed government, we recognized that years of underinvestment by the previous Conservative government meant that our air force could not generate enough aircraft to answer our NATO and NORAD obligations at the same time. We laid out a plan to deal with the shortfall, which included securing interim fighter aircraft to supplement our existing fleet of CF-18s, because we have missions to fly. The first two jets arrived in Cold Lake earlier this year, and they will be proudly flying in the Canadian colours soon.

As we work on each of these projects, we are following through on our commitment to greening defence. Regrettably, we are feeling the impacts of climate change, with an unprecedented number of floods and fires both here in Canada and around the world. While the Conservatives continue to ignore the science on climate change and offer no plan to tackle this global challenge, our government is taking action. That is why we have invested more than $165 million in green infrastructure projects since 2017. This investment will reduce greenhouse gas emissions by 40% over the next decade. With each of these initiatives and projects, we are building a modern military that will be flexible enough to address current and future threats.

We are also stepping up on the world stage and equipping our Canadian Armed Forces with what they need to uphold our international commitments and be a valuable partner to our allies. In collaboration with our international partners, we are leading on efforts to prevent the use and recruitment of child soldiers. We launched the Vancouver principles at the United Nations Peacekeeping Defence Ministerial in 2017, and 84 member states have signed on since.

Right now, there are 250 women and men in uniform deployed in Mali as part of the United Nations' stabilization effort, providing life-saving aeromedical evacuations of injured soldiers and civilians, and critical air transport. Up to 780 of our members are involved in Operation Neon, Canada's contribution to a multinational surveillance initiative to counter North Korea's evasion of maritime sanctions. There are 540 Canadian Armed Forces members in Latvia on Operation Reassurance, where Canada leads a multinational battle group as part of NATO's deterrence and defence measures across central and eastern Europe. Two hundred of our Canadian Armed Forces members are helping to demonstrate our unwavering support to Ukraine through Operation Unifier, and upwards of 850 members are stationed in the Middle East on Operation Impact. They include Major-General Dany Fortin, who is commanding the NATO training mission in Iraq. The funds we are requesting in these main estimates would enable us to carry on this vital work and continue to build on our successes.

Beyond this funding, we are requesting $733 million for the Communications Security Establishment, to keep our institutions and Canadian citizens safe.

The $21.9 billion requested in these estimates is a $1.5-billion increase, or 7.4% over the amount we requested last year. It also includes new measures announced in budget 2019, including $18.9 million to help our Canadian Armed Forces members transition out of the military and into post-service life, and $2 million for National Defence to support our government's effort to counter economics-based national security threats. This funding will allow us to continue to pursue ambitious capital projects to provide our members with the best equipment available, and to make sure our infrastructure serves both their needs and the ongoing efforts to operate in an environmentally conscious way.

Canadians expect us to fulfill our commitments with the same transparency and care we have demonstrated over the last four years. We take that responsibility seriously, as we take seriously our responsibility to support our people as they defend this country.

Before I finish, I would like to thank the women and men of our Canadian Armed Forces. They ensure we are strong at home, secure in North America and engaged in the world.

National Suicide Prevention Action Plan

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, I, too, want to express my deep gratitude for the tone in this room. This is a very powerful and very sad discussion to have.

It is a privilege for me to speak to Motion No. 174, which talks about suicide prevention.

We are talking about something that is often very hard for people to talk about, so I want to take this opportunity to acknowledge the loved ones living with the reality of suicide, especially in the context of the speech before mine.

The actuality of life when someone we love dies by suicide is simply unimaginable. I want to acknowledge that some communities in our country face higher rates of suicide, including indigenous, LGBTQ2 and military and veterans communities, just to name a few.

ln February of this year, a very young man in my family was successful in his suicide attempt. lt has been devastating for our community of just over 300 people, our family, and most of all, those who loved him the very most, his parents, sister, uncles, aunts, cousins and grandparents.

Suicide shakes the very foundation of the people it impacts. The questioning of how and why is overwhelming. lt is something that most people are unsure how to address. I have heard stories of the loved ones of those who have died by suicide being completely isolated, because people do not know how to speak to that issue, speak to that pain, and therefore, too often, they avoid them. What do we say to people who have lost someone they loved by their own hand?

I have watched this struggle in my loved one's father. The words seem to be blocked at his lips. We know that words have power, and saying them aloud makes the reality that much more real. How does one carry this pain? How does one help? Who does one call? This is why we need a national suicide action plan to help Canadians, a comprehensive plan that would prevent suicide and provide support when suicide happens.

Each month, on average, the Canadian Armed Forces loses one serving member to death by suicide. As a member who represents a military base in my riding, I think it is important that the members of the House hear this. lt is an epidemic that continues, despite some positive steps taken to address mental health issues in the forces.

When Bill C-77 passed through the House late last year, I was disappointed that it did not remove subsection 98(c) from the National Defence Act. This subsection makes self-harm a disciplinary offence under the military code of conduct. It concerns me deeply that members of our military could be seriously considering suicide but feel unable to disclose it or ask for help because they could be disciplined. What a way to come forward and tell this horrific truth about oneself. When people are experiencing a state that leads them to thoughts of self-harm, there must be a safe way for them to come forward.

My friend, the member for Esquimalt—Saanich—Sooke, proposed an amendment to remove subsection 98(c) from the National Defence Act in committee. Unfortunately, it was defeated, and the amendment was defeated on so-called procedural grounds. It has been reintroduced in the House in Bill C-426. Based on the feeling in the House, I really hope that this bill receives unanimous consent at all stages when it comes to this place.

When we speak to this issue within the context of Motion No. 174, we see the need for it to be addressed. We do not want any Canadians in this country to feel that they cannot come forward to get the help they so desperately need. The Canadian Armed Forces deserve to have our support. The mere existence of subsection 98(c) continues to be a barrier for Canadian Forces members seeking the mental health assistance they need, and the House has only one more opportunity to fix this. I would love it to be in this Parliament.

Today we are debating Motion No. 174, which was tabled in this place by the member for Timmins—James Bay. I want to thank him for his tireless work and advocacy on this issue and for his dedication in bringing this forward. I am relieved to hear that the government will be supporting it.

I also thank the member because this motion speaks to the isolation I mentioned earlier. When people are successful in their suicide, or when their attempt is unsuccessful, everyone is impacted, and it is often the isolation that is the hardest part to carry. People are unsure of what to say, terrified to touch the pain of that choice, regardless of the result.

This outlines exactly why it is so important to have a national suicide prevention action plan. This issue of suicide must be addressed directly and holistically. The more isolation and silence there is around suicide, the more people will hide their thoughts and not ask for the help they need.

lt is imperative that Canada not leave any community behind. We must have a framework, because there are many small and isolated communities, like the ones I represent, that have limited access to services. How do we reach out in a safe way? We all know that when small communities face successful suicides, it can often become an epidemic.

The young man that I spoke of earlier, my relative, is the second in less than a year and a half in our small community of just under 300 people. The impact on that community has been profound, and the fear that another child is going to follow those steps has been something we all watch.

When I think about the Facebook posts that we have seen from some of our youth who are actively questioning the validity of being here, I am reminded again of how important it is as a country that we remember that those children, those people, are so important and that we must address their isolation. We can only do that by having a framework that goes across this country, so that we can work collaboratively.

No one wants to live through this. I think of my brother, who has a serious mental health issue. I think of how strong he has been in his life to face the multiple challenges and how hard it can be when he is put in situations where people do not understand that invisible mental health issue that he lives with every single day. It worries me when people do not understand that and treat him in ways that are profoundly disrespectful.

All of us know what it is to love someone and often feel as though we are fighting for their very existence. I am really happy that we are here to talk about this, to talk about having a system in place to address that.

Recently, we have been doing a study at the Veterans Affairs committee. We are looking at the impact on veterans from the use of mefloquine, which is a medication used to prevent or treat malaria. Sadly, mefloquine has been identified as a medication that can poison the brain. There are many veterans across this country who do not know that they may have the impacts of mefloquine poisoning and that their symptoms may relate directly to that. Some veterans have died by suicide, and there are questions as to whether it was due in part to the undiagnosed impacts of the use of mefloquine. This also must be addressed. That is why this is so important.

I want to acknowledge that I have not touched on every vulnerable community across this country that faces a higher suicide rate. Those stories need to be heard, and I hope to see all members in the House support this motion so that this work can be done. I am very glad to hear that so many here will support it, but we need to make sure that everyone does.

Currently, Canada does have a federal framework for suicide prevention, but this framework does not provide funding, goals, timelines and activities that would reduce suicide and does not assign responsibility to jurisdictions. We know that if responsibility is not given, if the jurisdiction is not given, if goals and resources are not given, the work simply does not get done.

I have to say how honoured I am to be in this place when we are discussing one of the most difficult conversations. We are all facing the challenges, being brave to make noise where often there is silence. I encourage all of us and all Canadians to remember to reach out to those people, even when it is hard and uncomfortable. Sometimes we need to stand with people where they are uncomfortable. We have to admit that we are also uncomfortable, but we have to let them know that we are with them and that we support them.

I think this bill will take those steps and I am really thankful that we are going to support it and see change happen in this country.

Mental Health

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, each month, on average, the Canadian Armed Forces continue to lose one serving member to death by suicide. This is an epidemic that continues, despite some positive steps toward addressing mental health issues in the forces.

The House had a historic opportunity to address this issue directly earlier this year when we passed Bill C-77, the military justice reform bill. In committee, I proposed an amendment to remove paragraph 98(c) from the National Defence Act, the section which makes self-harm a disciplinary offence under the military code of conduct. Unfortunately, the Liberals defeated my amendment on procedural grounds.

I have reintroduced my proposal to remove paragraph 98(c) as Bill C-426. Soon I will be asking for unanimous consent for passing the bill at all stages in order to make self-harm in the Canadian Forces a health issue instead of a disciplinary matter.

The mere existence of paragraph 98(c) continues to be a barrier for Canadian Forces members seeking the mental health assistance they need and the House has only one more opportunity to fix this. I hope when the time comes, the bill will have the support of all members.

Business of the House

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

Mr. Speaker, this afternoon we will continue with debate at third reading of Bill C-77, the victims bill of rights.

Tomorrow we will debate Bill C-83, the administrative segregation legislation, at third reading.

For the next two weeks, we will be working with our constituents in our ridings. Upon our return, Monday shall be an allotted day. Tuesday we will start report stage and third reading of Bill C-84, on animal cruelty. At 4 p.m. on Tuesday, the Minister of Finance will present budget 2019. Wednesday will be dedicated to the budget debate.

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

Mr. Speaker, there is a difference between getting answers and not liking the answers, but we will let the Conservatives figure that one out.

As for the work this week, this afternoon we will commence report stage debate on Bill C-83, the administrative segregation legislation.

Tomorrow, we will deal with report stage and third reading stage of Bill C-77, the victims' bill of rights.

Monday shall be an allotted day. Tuesday, if need be, we will resume debate at report stage of Bill C-83, on administrative segregation.

Finally, pursuant to Standing Order 83(2), I am pleased to request the designation of an order of the day for the Minister of Finance to present budget 2019 at 4 p.m. on Tuesday, March 19.

National Defence

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, the Canadian Forces continue to lose more than one member per month to death by suicide, yet one of the barriers to serving members getting the help that they need is the fact that self-harm remains a disciplinary offence in the military code of conduct.

Since the Liberal members ruled my amendment to fix this out of order at committee hearings on Bill C-77, let me ask the minister.

Will the government now support removing self-harm as a disciplinary offence by agreeing to support my private member's bill, Bill C-426, and expedite its passage through the House?

Business of the House

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

Mr. Speaker, this afternoon we will continue with the second reading debate of Bill C-91, the indigenous languages act. We hope to see that referred to committee by the end of the day so that the committee can do its important work. We understand that we have a lot of support, but we do need to consider amendments.

Tomorrow we will start debate at report stage and third reading stage of Bill C-85, the Canada-Israel free trade agreement.

Next week we will be working with our constituents in our ridings.

I would like to note that Tuesday, February 19 will be an allotted day.

On Wednesday, we will begin consideration at report stage and third reading of Bill C-77, on the Canadian Victims Bill of Rights.

National Defence Act

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

moved for leave to introduce Bill C-426, An Act to amend the National Defence Act (maiming or injuring self or another).

Mr. Speaker, I rise today to introduce a bill that aims to remove a significant barrier to members of the Canadian Forces receiving the mental health assistance they need. It would do so by repealing subsection (c) of section 98 of the National Defence Act. This archaic section of the National Defence Act makes self-harm a disciplinary offence in the military code of conduct.

The Canadian Forces are still losing more than one member per month to death by suicide. We have lost over 195 serving members in the last 15 years. Removing this section would send a strong message that self-harm is a mental health issue and not something to be addressed by discipline.

This is a matter that I had hoped could have been fixed by a simple amendment to Bill C-77, the military justice reform bill, recently dealt with by the House. At that time, New Democrats and Conservatives supported my amendment, but the Liberals indicated they felt amending Bill C-77 was not the way to proceed. This private member's bill offers an alternative way of taking the actions necessary to send a positive message to Canadian Forces members struggling with mental health issues. I trust it will receive broad support in the House.

(Motions deemed adopted, bill read the first time and printed)

Criminal Code

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I would like to thank my colleague from London who spoke earlier and all members for their comments on Bill C-51 today.

At the outset, because I have some time today to give a bit of a longer speech, I want to address the fact that I am troubled that in government, the Liberals are doing exactly what they said they would not do when they were in opposition. In fact, this is our second omnibus justice bill.

I know my friend from Winnipeg, the deputy House leader of the Liberal caucus, likes when I quote some of his outrage in the past Parliament about the use of omnibus bills. However, when it comes to justice omnibus bills in particular, I think the need for a lot of these provisions to be considered independently is the best way to go.

Although the bill is certainly not as long as the government's latest budget implementation act, at 850 pages or more, weaving together a variety of unrelated things in the form of one bill, here we have another substantive piece of justice legislation being presented in an omnibus bill.

Breaking it down, there are some good parts and some parts we certainly have some challenges with. I would like to use my opportunity, if I may, to highlight both the good and the bad.

The good is that as a Parliament, we need to show that we can speak with a united voice with respect to zero tolerance for sexual assault and not respecting the consent of an individual in the case of sexual relations of any kind. Therefore, I think it is good that we are having a fulsome discussion on this part of the bill today. In fact, several members have quoted from some of the case law that has led to the need for Parliament to weigh in and be very clear that people cannot provide the consent necessary to engage in sexual activities when they are unconscious. We need to send a clear signal from Parliament. I think the Senate amendments actually take away that clarity somewhat, and I am glad we are having the debate here on proposed section 273.1 in the bill.

The Supreme Court case that drove clarity in this area was very clear. It said that it was not possible for people to provide consent if they were not conscious, even if express consent had been provided ahead of time, when they were conscious. I think Parliament needs to be crystal clear that consent evolves and that there has to be the constant presence of consent and respect. That is what this bill is intended to do. In fact, some of the Senate amendments, which would almost create tests with respect to the standards, confuse the issue. There needs to be a clear signal sent that consent has to be constant. I think that is a signal that, as parliamentarians, we have to send.

I can say, as someone of my generation, that the debate on campuses about no means no and all these sorts of things was not taken seriously in the early 1990s. We are still having debates today about it. An accused will try to suggest that consent was provided sometime earlier. If consent was provided in the context of alcohol or substances, and if someone was unconscious, consent could not be provided.

The Supreme Court was clear. I think Bill C-51 and our updates to the Criminal Code send a very clear message. There is no test to be performed. It is a bright line. Everyone, all Canadians, need to show respect and a commitment to consent in the context of sexual assault cases. It is basic respect. We are in the era of the #MeToo movement and discussions about unsafe workplaces. All these things have been positive in making sure that one has a positive obligation, with respect to one's relations with someone else, to make sure that there is always consent present. I think that is clear.

I am also glad that a number of speakers from several parties have referenced Bill C-337, the bill of the former interim Conservative leader, Rona Ambrose, on judicial training in the context of sexual assault trials. The bench comprises a cross-section of society, and those attitudes need education to make sure that judicial standards adhere to the expectations we have as a society of respecting consent.

We know, in Ms. Ambrose's home province of Alberta, the case of Justice Camp, where attitudes toward a victim by the bench showed just how disconnected some may be. The vast majority of the bench would be explicitly mindful of the complainant in those cases, but we have seen cases in recent years that show that judicial training with respect to consent, in the context of sexual assault trials, is needed, as is education for all members of the bar.

As a member of the bar, I am glad that a few years ago, law societies across the country incorporated continuing legal education requirements for lawyers to make sure that they are aware of expectations with respect to consent and the law. The very fact that there would be some reluctance to have same continual legal education for judges in the context of sexual assault cases is troubling. I know that most justices demand that level of CLE, so I hope that the government, in the context of my starting off my speech by talking about some of the positive elements of Bill C-51, pushes Bill C-337 through. It should not matter that it came from a former Conservative member of Parliament, Rona Ambrose. It should not matter that it came from this side of the chamber if it addresses the same elements I am saying I support in Bill C-51 today. Let us hope there is some movement in the Senate so that in the spring, we can ensure that it is an expectation that all members of the bench have that training so they can guarantee an environment of respect for all complainants who come forward.

The provisions in proposed section 273.1 also show that Parliament is clear in its direction with respect to consent always being a requirement, and if there is any uncertainty, we err on the side of complainants. Everyone should know that if circumstances change, be they the context, consciousness, alcohol or these sort of things, prior consent is not sufficient. We have to be crystal clear on that.

This is also similar to Bill C-75, an omnibus justice bill, which I have spoken to in Parliament. I have also spoken to Bill C-77, on modernizing criminal justice within the context of the National Defence Act. I supported a number of measures in that bill. In fact, the previous government introduced Bill C-71 in the last Parliament to try to update the National Defence Act and the treatment of criminal conduct by members of the Canadian Armed Forces. That is still in a state of flux. All these bills, particularly because they deal with the rights of the accused and the rights of the victims or complainants in these cases, should be given specific attention and not be put into omnibus bills.

I would like to speak for a moment about the fact that this bill is part of the process of requiring a charter statement from the government with respect to legislation before the House of Commons. I have some concerns about that approach, in two ways. First, I am worried that it may send some sort of chill to suggest that the government is trying to inoculate itself by saying that it reviewed the bill ahead of time and has a charter opinion on it, meaning, therefore, that we cannot raise charter concerns or that there is no reasonable basis to have concerns about its validity under the charter by groups that may be impacted by the decision of this Parliament.

The very nature of the charter itself was to give a back and forth test with respect to the will of Parliament, and the ability for the court to determine whether fundamental charter rights were breached directly or indirectly by legislation in the context of enumerated groups under section 15 of the charter, are expressly contained within the charter, or are analogous ground groups, provided by subsequent court decisions.

The balancing test under section 1 of the charter, the Oakes test, which I learned in law school and is some of the first charter jurisprudence, is that balancing of the charter. By issuing a charter statement, I am quite concerned the government is trying to suggest it is doing its own Oakes test, its own charter examination of issues at the time it is passing legislation. I am not suggesting it will cause chill, but I have not have heard an argument from a member of the government bench to suggest this is any different than any government since the mid-1980s, when the charter came into effect.

Suggesting that the seal of approval for the charter is granted by one of these statements is simply ridiculous. It is up to the court to provide that reasonableness and those limitation tests under the provision of section 1 of the charter, which allows a charter right to be violated by legislation, but applies a reasonableness and balancing test to it since the Oakes jurisprudence started.

I will give a couple of examples of why I have this concern. In this Parliament, we have seen many instances of the government acting in a way I firmly believe violates the charter rights of many Canadians. This is germane because just today, shortly before we rise for Christmas, the government is reversing its position on the so-called values screen for Canada summer jobs.

We all know the controversial values test was applied for the first time in the history of this summer employment plan for youth as a clear way the government intended to exclude faith-based organizations and other service organizations from funding related to students. There were concerns from a charter basis expressed from day one when it came to the values test. Is the government suggesting, with its charter statements, that its actions on a whole range of decisions are somehow inoculated because it is providing a charter assessment? That is political theatre. It cannot provide its own charter assessment. It tries to craft legislation that it feels strikes the right balance, but the actual charter determination is not made in this chamber, which writes the laws, but in other courts.

We bow to the Speaker. We have a bar. This is a court. We write the laws, but we do not adjudicate our own laws. This is a very big distinction I have not heard the government express any clear indication on yet.

I will use another example. There have been several violations, in my view, of indigenous peoples' rights with respect to the duty to consult. In fact, I believe Bill C-69 violates that duty. We can look at the approach the government has taken on the cancellation of the northern gateway pipeline, which is one-third owned by indigenous groups. The duty to consult is not frozen in time. It does not exist 10 years before one develops a pipeline or cuts trees in a forest. If one decides to change the circumstances of that consultation, or cancel something that indigenous peoples are a one-third owner of, one has a duty to consult them on the cancellation. This is an ongoing duty.

The fact that the government may have a piece of paper that says this is our charter statement, this is our validation that the bill conforms with the charter, is political and inappropriate, because the government is suggesting this legislation will withstand any judicial scrutiny before the judicial scrutiny is applied. The government is suggesting that this is A-okay. That is not the way it works.

I invite the Minister of Justice and Attorney General and the parliamentary secretary to walk a little past the Confederation Building on the Hill to a building called the Supreme Court of Canada. It is there that the Oakes test was born, the Oakes test where the section 1 charter clause was.

As I have said, the values test that the government did to politicize the Canada summer jobs program would not be inoculated because of a government-produced charter statement nor would some of its actions with respect to Bill C-69, Bill C-75, Bill C-77. These are court determinations.

I do not have any proof because the charter statement concept is part of the government's justice reforms, including in this legislation, but I do have serious concerns that it will send a chill to suggest that the government will not consider valid concerns people have with respect to their charter rights.

I would like subsequent members of the Liberal caucus, particularly the ministers or the parliamentary secretaries, to provide a substantive rationale for their approach with respect to the charter statements. Are they somehow suggesting that previous governments, both Conservative and Liberal, have somehow not conformed to the charter by doing exactly what we are supposed to do as a Parliament, which is to try and find the right balance between the will of the people and certain provisions within the charter? That is done by a court using the Oakes test, doing the balancing. Producing a charter statement does not protect the government from criticism.

As I said today, days before Christmas, the government suddenly admits that its approach on the values test for summer jobs is wrong. This is much like days before Christmas last year, when it broke its promise to veterans on the return to the Pension Act. The Liberals make very good use of the pre-Christmas period not just for parties, but for dumping out their dirty laundry.

I would like to thank the thousands of Canadians from across the country and many of my colleagues in this chamber for representing the charter rights of millions of Canadians with respect to the conduct of the Canada summer jobs program.

Why I am focusing on this part of the bill is because we have to make sure that Canadians, members of the media and members of both Houses of Parliament do not get fooled by the fact that the government validating its own legislation under the guise of charter approval is not actually charter approval.

I am hoping in the remaining debate we can actually hear a cogent argument from the Liberal caucus on this. Otherwise, it seems to be more of the sort of media spin that we hear from the government.

The Prime Minister just yesterday, while leaning on his desk acting like a professor, told the opposition what we should ask and what we should criticize. We know full well what we should ask and we know where our criticisms and critiques are warranted.

Quietly, when the House does not sit, the Liberals backtrack on things, like they did today on the summer jobs values test, like when we rose for Remembrance week, and Miss McClintic, another justice consideration, was quietly transferred to a prison as we had been demanding, and as the break week happened Statistics Canada suddenly pulled back its program.

Like the Chris Garnier criticism, the non-veteran murderer who is receiving treatment funds from Veterans Affairs Canada, on most of the criticisms we have been raising even though they make the Prime Minister uncomfortable, the Liberals have backtracked. We have been doing our job quite effectively.

In the remaining time for debate, I would like one of the Liberal members to stand up and provide a context and a rationale addressing my concerns in regard to charter statements with respect to the bill before us and others.

As I said at the outset, we support the amendments and update of our Criminal Code with respect to sexual assault.

National Defence

[Stephen Fuhr, Liberal, Kelowna—Lake Country, BC]

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on National Defence in relation to Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts. The committee has studied the bill and has decided to report the bill back to the House with amendments.

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

Mr. Speaker, I thank my colleague for his question and his excellent work on the committee.

As we all know, our government is committed to strengthening victims' rights in the military justice system.

That is what we are doing with Bill C-77, which adds a declaration of victims rights to the Code of Service Discipline.

Bill C-77 ensures that victims rights are upheld and allows the victims to have the help of a liaison officer to navigate in the military justice system.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, on average, more than one member of the Canadian Forces dies by suicide each month. Unfortunately, serving members often struggle to get the help they need, with one barrier being that self-harm is still a disciplinary offence under the military code of conduct. This policy is archaic and does nothing but keep the men and women serving our country who face mental health challenges from seeking help.

Will the minister support the NDP amendment to Bill C-77 to remove self-harm as a disciplinary offence and help serving members get the help they need and deserve?

Business of the House

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

Mr. Speaker, this afternoon we will continue second reading of Bill C-78, the family justice act. Tomorrow we will begin debate at third reading of Bill C-79, the comprehensive and progressive agreement for trans-Pacific partnership implementation act.

Next week, members will be working with Canadians in their ridings. When we return, we will begin debate on Senate amendments to Bill C-65, the harassment prevention act. Priority will then be given to the following bills: Bill C-77 on the Victims Bill of Rights and Bill C-82, the multilateral instrument in respect of tax conventions act.

Lastly, I would like to take this opportunity to wish all of my colleagues and their families a happy Thanksgiving.