This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Harjit S. Sajjan Liberal
This bill has received Royal Assent and is now law.
This is from the published bill.
This enactment amends provisions of the National Defence Act governing the military justice system.
It adds a new Division, entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have a right to information, protection, participation and restitution in respect of service offences. It adds or amends several definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim’s behalf for the purposes of that Division.
It amends Part III of that Act to, among other things,
(a) specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at summary hearings;
(b) protect the privacy and security of victims and witnesses in proceedings involving certain sexual offences;
(c) specify factors that a military judge is to take into consideration when determining whether to make an exclusion order;
(d) make testimonial aids more accessible to vulnerable witnesses;
(e) allow witnesses to testify using a pseudonym in appropriate cases;
(f) on application, make publication bans for victims under the age of 18 mandatory;
(g) in certain circumstances, require a military judge to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor;
(h) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(i) provide for different ways of presenting victim impact statements;
(j) allow for military impact statements and community impact statements to be considered for all service offences;
(k) provide, as a principle of sentencing, that particular attention should be given to the circumstances of Aboriginal offenders;
(l) provide for the creation, in regulations, of service infractions that can be dealt with by summary hearing;
(m) provide for a scale of sanctions in respect of service infractions and for the principles applicable to those sanctions;
(n) provide for a six-month limitation period in respect of summary hearings; and
(o) provide superior commanders, commanding officers and delegated officers with jurisdiction to conduct a summary hearing in respect of a person charged with having committed a service infraction if the person is at least one rank below the officer conducting the summary hearing.
Finally, the enactment makes related and consequential amendments to certain Acts. Most notably, it amends the Criminal Code to include military justice system participants in the class of persons against whom offences relating to intimidation of a justice system participant can be committed.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
The Assistant Deputy Speaker Carol Hughes
The hon. member will have 18 and a half minutes left after question period to finish his speech.
The House resumed consideration of the motion that Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, be read the third time and passed.
The Assistant Deputy Speaker Carol Hughes
The hon. member for Courtenay—Alberni has 18 and a half minutes left.
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, it is a huge honour to rise on Bill C-77. As the veterans affairs critic for the NDP, I have met many veterans, many of whom have served in our military, and I have been witness to the struggles many of them have faced. I want to ensure that we put the right tools in place for the individuals who have served our country, to ensure their long-term well-being is in good order in return for their service in uniform.
Our servicemen and servicewomen deserve to have a fair and impartial justice system that is working for them. I believe Bill C-77 takes many of the right steps in that direction. That is why I am happy to be supporting the bill, along with my NDP colleagues.
However, I cannot express how frustrated we are by the lack of urgency in getting this bill to where it is now. Bill C-15 was passed in 2013 and the enforcement of that bill just came into force last year, five years later. Here we are now in 2019, looking to continue the job we started in 2013. I very much hope these important changes do not take another five years to enact and implement, because our men and women in uniform deserve better than delay after delay.
The fundamental principles that are being debated in the bill are still working from the excellent framework provided to us by Antonio Lamer in 2003. I think we have seen today that all parties in this place are working to get the bill passed quickly, which we are grateful for. Partisanship has not been at fault for slowing this process down. It has been a lack of political urgency by previous governments. I feel strongly that we need to do better.
Here we are again in 2019, once again under the gun to get the bill passed before the next election. Canadians deserve better than to have the legislation die on the vine.
I do not want to mislead anyone that Bill C-77 has our full support. There are still steps that need to be taken to improve our military justice system. New Democrats have brought forward an amendment to the bill through our great defence critic, the member for Esquimalt—Saanich—Sooke, which would have struck paragraph 98(c) from the military code of service discipline. It has to do with the effects of self-harm. In my mind, and in the minds of most Canadians, the stigma and attitudes toward mental health are changing for the better, and this section looks to me like a relic from another time.
The committee heard that officials throughout the military are taking significant steps to address the mental health needs of their service people. Tragically, we have seen the impacts that inaction on this important issue has had on our servicemen and servicewomen in the last number of years. Therefore, while I have no doubt that we are taking a better and more compassionate approach to mental health issues, it is important to highlight that paragraph 98(c) is now out of place. As long as people can still see it on the books, they will still potentially be scared to bring forward their struggles and challenges. Those who are in the most vulnerable position need to have that avenue to seek help.
In discussion with my colleague, the member for Esquimalt—Saanich—Sooke, he spoke about how his amendment, which would have removed this clause, was at first well received by the committee. Soon, the Liberals on the committee changed their tune. They felt it should be a different study. Once they had their marching orders, the chair said the member's amendment was ineligible.
While I feel like most members in the House recognize the importance and independence of our committees, as we have seen at the justice committee over the last few days, the Liberals are ready to give up on that independence once they receive their marching orders from a minister's office or the PMO. It sounds to me that a similar situation occurred in the removal of my colleague's amendment to the bill.
We heard some very compelling evidence regarding this amendment, which should be heard as the bill returns to the House. As Sheila Fynes explained at committee:
...it is disturbing that even today, under paragraph 98(c), a service member could face life imprisonment for an attempted suicide. It would be more appropriate to consider self-harm under such circumstances as being symptomatic of a serious and urgent mental health concern, and signalling the need for appropriate and immediate medical intervention.
That speaks for itself. This is obviously undue punishment for a member who is suffering. We need to reach out and look after these members.
She went on to add, “There is no benefit to leaving paragraph 98(c) in the National Defence Act, nor is there a downside to removing it. In my heart, I believe it is morally responsible.” This is from the testimony she gave on November 1, 2018.
Retired Lieutenant-Colonel Jean-Guy Perron, who took a much more conservative approach, added:
Including yourself, but if we focus on the other person, which I think you were leading up to, we have numerous other offences—assaults, attempted murder, name it—that would penalize you for the action you've committed toward the other individual that are captured in a way by paragraph 98(c), so we could reach the same result.
I am proud to say that I know the member for Esquimalt—Saanich—Sooke and he will not be giving up on this fight easily. I look forward to having the opportunity to support his private member's bill, Bill C-426. If we are truly committed to ending the stigma around mental health and wellness, we need to commit ourselves not only to improving our services but also to ending the systems that reinforce these wrongly held beliefs.
This is the most important step the bill takes with respect to the compassionate treatment of victims and their families. It is imperative that these individuals have strong protections and that the military justice system supports them in a compassionate way throughout the legal process.
Bill C-77 would harmonize the military justice system with the Canadian Victims Bill of Rights so that victims in the military justice system would have many of the same resources that victims in our civilian courts have. This would include keeping victims informed regarding the progress of cases, which I know can be an incredible relief. By nature, lawyers keep everything close to their chests, and not knowing what is going to happen next is a significant source of anxiety for victims and their families.
The other addition that would be most significant for victims is the appointment of a victims liaison officer to be assigned to support them through the process. We often ask our military personnel to do some of the most difficult and dangerous tasks for our country. Tools like a victims liaison officer are needed to show that we have our servicemen's and servicewomen's backs when they are suffering.
Another area in which the bill takes a positive step is reconciliation. I had the pleasure of working on the veterans affairs committee's report as the committee's standing vice-chair. The report is entitled “Indigenous Veterans: From Memories of Injustice to Lasting Recognition”. While the report lays out some very important steps forward, it is also a stark reminder that indigenous members of our military have not always been treated equally or fairly.
As the Supreme Court determined in 1999 with the Gladue decision, it is appropriate to take Canada's colonial legacy into account for sentencing. I am glad to see that Bill C-77 will extend that decision from our civilian courts to our military ones. Our military justice system often deals with serious offences, and it is imperative that every important factor is considered when these decisions are made.
While I am proud of the additional victims' rights, which will be added in Bill C-77, the bill also takes steps to make the military justice system more fair and impartial for all parties involved. Regardless of which side of the justice system people find themselves, it is vital that they have confidence that the system is arriving at a fair and impartial decision. While this can be all the more difficult in the trying situations that our military members often find themselves in, it is our duty to provide the tools and resources for fair trials to occur. By expanding the rights of an accused individual to go to trial by court martial rather than by their commanding officer, we will be better able to protect Canadians' constitutional rights.
I believe my colleague from Esquimalt—Saanich—Sooke put it in the most simple terms:
Members of the Canadian Armed Forces are held to a high standard of discipline, therefore, their judicial system should also reflect that high standard. Those who risk their lives for our country should not be denied their charter rights when facing trial.
I would also like to read a quote from Tim Dunne, a columnist with The Chronicle Herald, in regard to this very same topic. He says:
Until Bill C-77 is passed, commanding and designated officers with little legal training presiding at summary trials are not required to prepare a transcript of the proceedings, so there is no provision for appeal; there is no requirement to apply rules of evidence to assure a fair trial; an accused can be compelled to testify against himself or herself, so there is no constitutional right to protection against self-incrimination; adverse inferences can be drawn from the silences of the accused; and the accused cannot be represented by a lawyer.
As I conclude my thoughts, I want to once again say how important it is to ensure we are able to enact the changes outlined in Bill C-77 in a timely manner. It has been years since we have known that these steps needed to be taken, but we have delayed. In that time many Canadians have proudly worn a uniform. We owe it to those members and their families to ensure that our military justice system is more supportive to victims and fairer to everyone.
Erin O'Toole Conservative Durham, ON
Madam Speaker, I would like to thank the member for his work and awareness on veterans' issues. He touched upon much of that in his remarks.
I would break it down even further, beyond legislation, beyond debate, and ask the member whether the most important thing we need to restore with our veterans is trust. We can have debates in the House, but the government is not living up to promises it made to our veterans, whether on wait times, pensions, military or a range of issues.
The government is not meeting what was promised, even when the defence minister, now acting also acting as veterans minister, makes that promise beside the Prime Minister, wearing his military medals. That erosion of trust is the biggest crisis facing our veterans right now, confirmed once again by the Parliamentary Budget Officer this week.
Does the member have any suggestions on how the government, and now this double-hatted minister, could start restoring the trust they have eroded?
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, I want to thank the member for his service to our country and for his work on veterans affairs. As a former minister, he knows full well how complicated the veterans affairs file is. It is not something we can do on the side of our desk and think we will get the job done. There are over 700,000 veterans in our country. The Minister of National Defence is leading the largest department in our country. For him to think he is just going to do this on the corner of his desk is an absolute insult.
The government needs to prioritize getting a capable minister in place. The Liberals have failed to live up to their promises. They are only meeting half of their own government-set service standards. They are literally in a place of chaos. It is a mess at Veterans Affairs. Veterans are falling through the cracks. The PBO report yesterday was just another example of the Liberals' broken promises. In fact, I would argue that the Liberals need to apologize to veterans for their broken promise.
The PBO report outlined this as the member knows. The member has been great advocate for Sean Bruyea and he has been calling on the government to apologize to him. He was vilified yesterday by the truth that Mr. Bruyea was speaking. The government owes him an apology and it needs to hire a full-time veterans affairs minister.
If our military members who are serving right now see how they are being treated as veterans, what an insult that is. This is certainly not the way to inspire and motivate the people who put their lives on the line.
I appreciate the member's advocacy. I want to call on the government to do the right thing and appoint a minister immediately. Let us get to work.
Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC
Madam Speaker, I want to thank my colleague for his remarks. I was especially moved by what he said about the work of our committees. I have tremendous respect for the work done by the parliamentary committees, which should, emphasis on “should”, enable us to improve the bills that are being studied. We are here to listen to the experts, and the witnesses show up fully prepared and armed with well-researched arguments.
My colleague mentioned all the tactics that were used in committee to obstruct the amendment seeking to strike paragraph 98(c) from the National Defence Act. Witnesses said that a soldier could face life imprisonment for an attempted suicide and that it would be more appropriate to consider self-harm as being symptomatic of a serious and urgent mental health concern, signalling the need for appropriate and immediate medical intervention.
What did my colleague think about the various tactics that were used in committee to stop the repeal of this paragraph?
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, I appreciate my colleague and the work she does. She always brings forward thoughtful comments, looking out for the best interests of Canadians. I appreciate her comments with respect to committees.
We are not just seeing it at the justice committee, where the whip from the PMO gives direction not to advance important issues for Canadians. We even saw it at the veterans affairs committee on Wednesday when my good friend, the critic from the Conservative Party and the other vice-chair of the Standing Committee on Veterans Affairs, put forward a motion to have the defence minister, who is now the veterans affairs minister as well, come and testify at committee to go over the estimates so they would be scrutinized before they were tabled in the House next week. We were told weeks ago that this would happen. Instead, the members of the committee would not give unanimous consent to even debate the motion to invite the defence minister.
This is not serving Canadians. It is not in the best interests of Canadians. The government is asking for over $300 million without it being scrutinized. This is an absolute failure to the veterans who were serving, and to Canadians. It is not fair with respect to how we manage taxpayer dollars, without that absolute scrutiny and trust.
I am sure the minister would be able to speak to those important issues, but committees need to be separate and should not have that influence from the PMO in giving that direction.
Peter Fragiskatos Liberal London North Centre, ON
Madam Speaker, I have had the opportunity to get to know the member opposite, not terribly well but well enough to know that he is sincere. Therefore, I will not say he is being disingenuous today, but he did neglect to mention in his speech the fact that the Minister of National Defence did invite the standing committee on defence to look at the issue of suicide and self-harm.
It is important to examine the provision the member called attention to, but it was called out of order by the chair of the committee, which does happen from time to time within committees. Committees are the masters of their own destiny, as we always say. We on this side of the House recognize that unlike those members on the other side when Mr. Harper's office controlled committees. I am on the Standing Committee on Finance and I have worked on foreign affairs. There is no control of committees. They are independent.
The recommendations from that committee will form an important basis for the government's approach going forward on this issue.
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, my colleague is right. We brought forward a really important motion and the Liberals deemed it out of order. They would not even hear it. We are talking about our service members. We are talking about them committing self-harm and the Liberals would not even let our motion be heard at committee. They are trying to ram the bill through, but of course it took them years to bring it forward.
One of the most important elements is to protect our service people. When someone is in trouble and is committing self-harm, clearly that person needs mental health and medical support. For the chair of committee to not even let the amendment be heard is absolutely shameful.
This is exactly what we are talking about, committees not being able to do their own business, the PMO and ministerial direction being given to committees and committees not being able to do the business of protecting the most important people, those who are putting their lives on the line for us.
Irene Mathyssen NDP London—Fanshawe, ON
Madam Speaker, I would like to commend my colleague for the very fine work he does in veterans affairs.
In addition to Sheila Fynes, who said that section 98(c) did constitute a barrier to servicemen and women who were asking for mental health support, the judge advocate general also testified that section 98(c), though rarely used, was a problem and if used as a disciplinary measure, would cause harm.
The minister cited the fact that he was concerned about self-inflicted wounds being used as an excuse. Is a self-inflicted wound not indicative of a serious mental health issue?
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, I have a huge amount of respect for my colleague. I have huge footsteps to fill with her leadership as the veterans critic for the NDP.
We do not have to imagine that veterans are falling through the cracks, those who commit self-harm and who desperately need help. They are falling through the cracks. There are several examples of military members who have taken their lives instead of coming forward and getting the help they need.
This is a very important issue. We need to fix this right now.
Mark Eyking Liberal Sydney—Victoria, NS
Madam Speaker, I am going to be sharing my time with the member for London North Centre.
It is a pleasure to be here to speak to the bill, especially when I am from an area in Cape Breton that has had one of the highest contributions per capita in world wars and conflicts. We still have a big contingency coming out of Cape Breton. As well, in my riding we have the largest population of first nations people in eastern Canada. It is an honour for me to rise today to address and discuss the indigenous sentencing provision within the changes proposed to the National Defence Act in Bill C-77.
As the Prime Minister often says, no relationship is more important than the one the Government of Canada has with its first nations people. That is why our government has put an unprecedented focus on reconciliation and on renewing nation-to-nation relationships with first nations, Inuit and Métis people.
Our efforts to renew these nation-to-nation relationships are based on recognition and implementation of rights, some respect, some co-operation and some partnerships. Indigenous people have proudly served this country each time we have called them up in our armed forces. Throughout their service they have brought their unique and important perspective to the Canadian Armed Forces. We have seen them in action both here and abroad.
Indigenous people have served honourably in the forces as far back as the First World War. During that defining moment of our national history, many indigenous personnel brought valuable and unique skills to our Canadian Armed Forces.
The Second World War saw thousands of indigenous people answer the call of duty for Canada. They took on new roles during this conflict, including that of code talkers, which was a highly sought skill. The code talkers used their native Cree language to encrypt sensitive radio messages so they could not be understood if intercepted by the enemy.
This upcoming spring will see the celebration of the landing in Normandy 75 years ago. Five years ago, I had the honour of going to Normandy for the 70th celebration. Of course, many Canadians landed there and many Canadians gave up their lives, including many Cape Bretoners. I went to gravesites where I saw the names of first nations people from Cape Breton who gave the ultimate sacrifice for freedom in Europe.
We know the contributions there, and they continue. More recently, indigenous Canadian Armed Forces members have served in Bosnia, Kosovo, Afghanistan and other UN-led humanitarian and peacekeeping missions. They have risked their lives defending the Canadian values of peace, freedom and democracy overseas, sometimes overcoming significant cultural challenges in order to do so.
Their contribution is notable, and we owe them a debt of gratitude. If we want to continue to build on this long and proud history, we must demonstrate our respect for indigenous Canadian Armed Forces members. It is not enough to simply state it; we must show it in meaningful action.
It is no secret that indigenous people in Canada have faced very difficult histories. Sadly, it is part of our history that we acknowledge and a wrong that our government seeks to right. That is why we are proposing changes to the National Defence Act in Bill C-77 to mandate consideration of the circumstances of indigenous offenders during their sentencing.
The proposed changes would mirror the provisions set forth in the Criminal Code, which mandate that indigenous offenders' history and circumstances be taken into consideration during the sentencing phase of their trial. Many of them have had totally different ways through life than the rest of us, and that has to be taken into consideration. This information would then inform the judge's decision about the appropriate sentence to be imposed on the indigenous offender.
The proposed legislation will expand on the principle that in all cases the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender, and should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces.
All available punishments other than imprisonment and detention that are reasonable in the circumstances and consistent with the harm done to the victims or the community should be considered for all offenders, with particular attention to the circumstances of the indigenous offender.
Amending the National Defence Act to mandate the consideration of the circumstances of indigenous offenders during the sentencing is just one of the ways the Canadian Armed Forces is supporting reconciliation efforts.
The Canadian Armed Forces has also put a focus on outreach and engagement with indigenous Canadian Armed Forces members. Through unique special programs, it will continue to provide indigenous peoples with an opportunity to learn more about employment opportunities in the Canadian Armed Forces, opportunities to hone their skills and develop new ones. It has a number of programs in place to do just that.
It has indigenous leadership training programs. It also has six-week summer programs that combine military training with indigenous cultural awareness. This is very important, and we see it right across the country. Some of the programs I would mention are the Bold Eagle program in Alberta, the Raven program in British Columbia, the Black Bear program in New Brunswick and the Carcajou program in Quebec, which was introduced just last fall.
Combining indigenous culture and military training allows applicants to develop new skills and abilities while enriching the Canadian Armed Forces with their talents and perspectives.
I would like to talk a bit about the Canadian Rangers. The Canadian Rangers show how the unique skills developed in those six-week programs are put to use in the Canadian Armed Forces. Although the Canadian Rangers program is not strictly indigenous, approximately 27% of the Canadian Rangers self-identify as indigenous, a higher percentage than any other component of the Canadian Armed Forces. That is pretty impressive. They are a unique subcomponent of the Canadian Armed Forces, providing a military presence in very sparsely settled areas, such as up north, along the coast and in other isolated areas right across our great country.
These Canadian Rangers are Canada's eyes and ears in these areas. Their intimate knowledge of these areas proves to be integral to northern surveillance, and they regularly provide support to operations such as ground search and rescue, which is very important, as we have seen over the last few years. Increasingly, those regions are a key crossroads where international trade, climate change and global security intersect. That is why we are making sure they have the equipment they need to do their job. As outlined in Canada's defence policy, “Strong, Secure, Engaged”, we will enhance and expand the training of Canadian Rangers while strengthening their capabilities within the Canadian Armed Forces.
Just last summer the Canadian Armed Forces announced the delivery of brand new C-19 rifles for the Canadian Rangers in Yellowknife at 1 Canadian Ranger Patrol Group headquarters. The C-19s are replacing the old No. 4 Lee-Enfield rifle that has been the mainstay of the Canadian Rangers for decades.
Why are we changing these rifles for the Canadian Rangers? The new rifles have been developed to support their work as reservists in the north. It is very important that they perform well in conditions well below freezing, and they feature a design that proudly bears the crest of the Canadian Rangers.
The Canadian Armed Forces and the Department of National Defence value the many contributions of indigenous Canadian Armed Forces members. Indigenous Canadians have bravely served in the Canadian Armed Forces—
The Assistant Deputy Speaker Carol Hughes
Unfortunately, the member's time is up, but I am sure he will be able to add anything he has left over during the questions and comments period, or someone might suggest that he finish it.
The hon. member for Selkirk—Interlake—Eastman.
James Bezan Conservative Selkirk—Interlake—Eastman, MB
I am not going to do that, Madam Speaker.
I realize that the Liberal member spent a lot of time talking about indigenous members and the way the Canadian Armed Forces is trying to be more inclusive in bringing members of the Canadian Armed Forces through the recruitment process. I would like to get the member's ideas on how the Canadian Armed Forces can improve recruitment measures. I know that the programs we are running, such as bold eagle and black bear, have been very well received and well participated in out on the Prairies. Recruitment from those who have participated in those programs has been about 30%.
Could the member talk about how we could actually increase recruitment? Could the member also comment on how the Gladue decision of the Supreme Court has been incorporated into Bill C-77 to ensure that indigenous members of the Canadian Armed Forces are treated fairly?