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. 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.
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.
John Brassard Conservative Barrie—Innisfil, ON
Mr. Speaker, I thank my hon. colleague for his advocacy on behalf of veterans and serving military members. How would the bill, in his opinion, improve the chain of command's ability to address minor breaches of discipline?
Randall Garrison NDP Esquimalt—Saanich—Sooke, BC
Mr. Speaker, in the military context, minor breaches of discipline are still breaches of discipline. That is one of the instances where the military context differs from the civilian context. We have to make sure that the system is fair in dealing with those. We have to ensure that appropriate disciplinary measures are taken, but also keep in mind that the military context is somewhat different from the broader public context.
Earl Dreeshen Conservative Red Deer—Mountain View, AB
Mr. Speaker, I am pleased to speak today on Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other Acts. I will be sharing my time with the member for Simcoe—Grey.
Canada and its justice system are renowned around the world. The previous Conservative government continually showed its resolve to support victims of crime by steadfastly taking actions that ensured that those victims had a more effective voice in the criminal justice system. How did we do that?
I think the important point is that the previous Conservative government enacted the Victims Bill of Rights. It did so to assure victims of crime that they would be assured that their government had their backs. As Conservatives we chose to listen to our constituents when it came to keeping our streets safe, because the public's safety then and always will be our number one concern.
During that time we also recognized the importance of enshrining victims' rights in the military justice system, which is why we introduced Bill C-71 in the previous Parliament. I assume that as Conservatives we should be flattered that the Liberals are copying many of our initiatives with Bill C-77. After all, it is the right thing to do.
When it comes to military justice reform, the previous Conservative government focused on restoring victims to their rightful place at the heart of our justice system. That is why we introduced legislation that mirrored the Victims Bill of Rights and put it into military law. It was the result of several years of work, and took into account hundreds of submissions and consultations held with victims and groups concerned about victims' rights.
Standing up for victims means helping to ensure that they have a more effective voice in the justice system and are treated with the courtesy, compassion and respect they deserve at every stage of the criminal process. Conservative are committed to keeping our streets and communities safe for Canadians and their families. We took decisive, concrete steps to hold offenders accountable for their actions, which are sadly being slowly eroded by the actions of these Liberals. However, it also means that we need to have a fair system for the accused.
The intention of this bill is to make changes to the Canadian military justice system. This bill is similar in many respects to our previous Conservative government's military justice reform Bill C-71. The purpose of Bill C-71 was to align the military justice system of Canada with the Criminal Code of Canada. It would have enshrined victims' rights into the National Defence Act, as well as put a statute of limitations on summary trial cases and clarified what cases should be handled by summary trial. Bill C-77 will institute these changes as well.
However, there are other differences between Bill C-71 and Bill C-77. The first difference is the addition of the Gladue decision in relation to paragraph 718.2(e) of the Criminal Code of Canada, putting it into the National Defence Act. Members of the Canadian Armed Forces should not be discriminated against based on their race, gender, creed or culture. However, special consideration for indigenous members in the Gladue decision that would result in sentences that are less harsh for them than other Canadian Armed Forces members could undermine operational discipline, morale and anti-racism policies. It is important that we reflect on this issue by considering the global context of the engagement of our men and women of the Canadian Armed Forces.
Most countries with effective armed forces use some kind of court martial or other military court system. These court or military court systems can vary significantly from one country to another. However, they all tend to have one thing in common: They provide for trials of charges where there are allegations that military personnel have committed offences.
The Canadian miliary justice system was essentially identical to the British military justice system until the end of World War II. In 1950, new Canadian legislation known as the National Defence Act, or the NDA, was enacted, which provided for a single Code of Service Discipline. The NDA also provided for trials by two different types of service tribunals: court martials and summary trials.
Since the enactment of the Canadian Charter of Rights and Freedoms in 1982, the courts martial system has evolved and now offers more protections for the charter rights of accused persons, particularly at court martials. However, court martials are distinctly military. The judge is a legally trained officer in the Canadian Armed Forces who is appointed by the Governor in Council. The prosecutor is a uniformed legal officer who acts on behalf of the DMP. The trial involves customary military formalities, such as saluting the military judge when he or she enters the court.
Court martials have jurisdiction to deal with military personnel for any offence under the Code of Service Discipline, including uniquely military offences such as desertion and insubordination, as well as other underlying federal offences such as theft under the Criminal Code and possession of a drug under the Controlled Drugs and Substances Act.
Even though members of the Canadian Armed Forces are held to the highest standards of conduct, they do not give up the rights afforded to them under Canadian law, including under the Constitution. Nonetheless, an individual's rights can be limited where they are inconsistent with the basic obligations of military service.
The charter recognizes the existence of a separate system of military justice within the Canadian legal system. Section 11of the charter states:
Any person charged with an offence has the right
...(f) Except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment.
Our Canadian Armed Forces, as they work shoulder to shoulder with our allies, must be consistent. Special consideration for indigenous members that could result in sentences that are less harsh versus for them versus for Canadian Armed Forces members could undermine operational discipline, morale, and anti-racism policies.
As we think of potential amendments, I hope there will be an opportunity at during committee stage to amend the language regarding the addition of the Gladue decision into the National Defence Act.
It should be stated that the Supreme Court of Canada has directly addressed the validity of a separate, distinct military justice system in three decisions wherein the requirement for a separate justice system for the Canadian Armed Forces has been upheld.
We support our Canadian justice system as defined by our charter and Constitution, and do not support a parallel justice system that would contravene our existing rights and freedoms and would have the potential of creating issues among our own Canadian Forces members and our allies.
Lloyd Longfield Liberal Guelph, ON
Mr. Speaker, the hon. member across the way and I have served on committees together. I have always found his comments to be very thoughtful.
Along those lines, I am looking at the sentencing of indigenous people under civil law and their having the same rights under military law as under civil law, such that indigenous rights at the time of sentencing would take into account some of the provisions we have for indigenous peoples in terms of the types of sentencing they might fall under according to their traditions and culture.
Would the member not agree that we should have the same type of rights in civil society as we do in military society when we are working with indigenous peoples?
Earl Dreeshen Conservative Red Deer—Mountain View, AB
Mr. Speaker, I too have enjoyed working with my colleague on various committees.
A key point of this is that we are dealing with culture. I understand and respect the position that the Gladue decision has made in the general public, but we are talking about a military culture. That was the point I was stressing.
Our men and women work shoulder to shoulder with armed forces around the world when they are on operational duties, and it is critical that everyone that is with them is subject to the same set of rules. That means that we have to make sure that we have cohesion. That is the respect that we need to consider.
Mark Gerretsen Liberal Kingston and the Islands, ON
Mr. Speaker, my colleague is absolutely right that this has been a long time in the making and has taken quite a while to get us to where we are today. If credit is due, then I would congratulate the former Conservative government for getting this to the point where at least it can be picked up and continued.
Would he agree that it is in the best interests of the House to pass this bill through this stage so that it can go to committee to be studied, reported back and moved along the legislative process quickly so that this bill can be enshrined in law as soon as possible?
Earl Dreeshen Conservative Red Deer—Mountain View, AB
Mr. Speaker, it is extremely important, since we have an opportunity today, in whatever length of time this discussion is going to take place, to talk about the issues of concern so that when it gets to committee, we will be able to build upon that. I know there has been a lot of consultation over the years to make sure that we deal with the issues, some that I have presented. I know that the hon. member from the NDP presented issues that were important to New Democrats as well. As we move through the process, I am sure those at committee will be able to succinctly do what they need to do to get this particular bill out of committee and back to the House.
John Brassard Conservative Barrie—Innisfil, ON
Mr. Speaker, my hon. friend spoke specifically about consistency as it relates to the potential of undermining discipline with our allies and the view on that. What are some of the things he is going to be looking for when the bill goes to committee in terms of the types of changes required for this piece of legislation?
Earl Dreeshen Conservative Red Deer—Mountain View, AB
Mr. Speaker, I have learned a lot by listening to my hon. colleague with regard to the military and veterans, and that is really important. The summary talks about the declaration of victims rights, which is a paramount issue, and also about a dozen different items to protect privacy and the security of victims and witnesses and factors the military judges have to take into consideration. I believe that the good people at committee will be able to look at that and bring all of this discussion together, keeping in mind the significance of the fact that our Canadian Armed Forces serve around the world to protect everyone.
Kellie Leitch Conservative Simcoe—Grey, ON
Mr. Speaker, there is much to like about Bill C-77, which will modernize Canada's military justice system through changes to the National Defence Act. Let me point out that much of Bill C-77 is actually a carbon copy of the former Conservative government's Bill C-71, which was introduced in June of 2015 and defeated here. It never made second reading.
As Canadians are well aware, Conservatives, more than any party, are committed to standing up for the victims of crime and to ensuring that victims have a strong voice in the criminal justice system. It is why we were the party that enacted the Victims Bill of Rights and why the concept of victims' rights was front and centre when we drafted Bill C-71 to ensure that victims also had rights within the military justice system.
As the government's Bill C-77 is based on so much of Bill C-71, I can say with confidence that it benefits from the years of work put in by the previous government to ensure that it was done right. There were hundreds of submissions and consultations held with victims and organizations dedicated to victims' rights in the preparation of that bill. Our legislation proposed that a victims liaison officer be appointed to help victims access information. New safety, security and privacy provisions were proposed to improve the protection of victims. Impact statements at sentencing were included to improve participation, and court martials would have been required to consider making a restitution order for losses. I am happy to see that the Liberals have kept these key points in the bill. Putting the rights of victims back at the heart of the justice system was a priority of our government. Bill C-71 was a serious piece of legislation that focused on modernizing the military justice system by enshrining victims' rights. I am pleased that Bill C-77 does the same.
Military justice is not something many Canadians are very familiar with, as it was and is used only by the Canadian Armed Forces. Most countries with effective armed forces use some kind of court martial or other military court system. Our system comes from the British and was virtually identical to that system until 1950, when new Canadian legislation, known as the National Defence Act, was enacted. Changes to the court martial system have happened steadily and incrementally over the years through legislative amendments by multiple Canadian governments.
In Canada, we have a two-tier tribunal structure in our military justice system. The summary trial is the most common. It allows less serious offences to be tried at the unit level. The other and more formal form of service tribunal is the court martial. The main purpose of a court martial is to support the government's ability to effectively employ its armed forces whenever and wherever necessary.
People ask what this actually means. Why is there a different system? The Supreme Court of Canada has supported the court martial system and its differences in operation versus civilian courts.
In R. v. Généreux, in 1992, the court ruled:
The purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military. The safety and well-being of Canadians depends considerably on the willingness and readiness of a force of men and women to defend against threats to the nation's security. To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently. Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct.
Further, it found:
The existence of a parallel system of military law and tribunals, for the purpose of enforcing discipline in the military, is deeply entrenched in our history and is supported by the compelling principles....
Similarly, in 1980, in MacKay v. the Queen, the Supreme Court noted:
When the National Defence Act is considered as a whole it will be seen that it encompasses the rules of discipline necessary to the maintenance of morale and efficiency among troops in training and at the same time envisages conditions under which service offences may be committed outside of Canada by service personnel stationed abroad.... In my view these are some of the factors which make it apparent that a separate code of discipline administered within the services is an essential ingredient of service life.
The men and women in uniform are held to a higher standard than the rest of us. They maintain that standard with pride and professionalism. The men in my family who served in the armed forces are some of the most dedicated, proper and honourable individuals I have ever known. My grandfather Conway served in the Canadian Army, and my two great-uncles, Jim and Doug Johnson, served in the Royal Canadian Navy. All served in the Second World War. They carried themselves in life as they did in service, at the higher standard they learned in the services, and they would expect no less.
Serving as the member of Parliament for Simcoe—Grey since 2011, I have been honoured to represent some of the greatest Canadians there are: those serving at Canadian Forces Base Borden. CFB Borden has been a focal point in our region since it opened in July 1916. First known as Camp Borden, it was named after Sir Frederick Borden, Canada's minister of militia and defence, our first, from 1896 to 1911. It continues to play a critical role in Canada's military structure.
In 1917, Camp Borden was selected as the location for the Royal Flying Corps Canada, and an aerodrome for the RCAF was built, thereby becoming the birthplace of the Royal Canadian Air Force. Camp Borden's training area was expanded in 1938 and became home to the Canadian Tank School.
In 1940, several other wartime schools followed: the Canadian Infantry Training Centre, the Canadian Army Service Corps Training Centre, the Canadian Army Medical Corps Training Centre, and the Canadian Provost Corps Training Centre. The Cold War brought more schools to CAF Base Borden, including the Canadian Forces School of Administration and Logistics as well as the Canadian Forces Health Services Training Centre. In 1968, Camp Borden and RCAF Station Borden officially merged into CFB Borden.
As a physician, I am particularly pleased that the Canadian Forces Health Services Training Centre is located at CFB Borden. I have had many opportunities to meet the dedicated medical professionals who tend to those who keep us safe every day. In fact, one of the highlights of my public service was my 2010 trip to Afghanistan as part of a CIDA medical mission in which I worked with a number of the same soldiers who trained at Base Borden.
Also located at CFB Borden is the centre that has particular relevance to the bill we are discussing today, the Canadian Forces Military Police Academy. Much as our police forces across the country enforce the rules of law, the military police are responsible for doing the same under the military justice system.
The academy at CFB Borden trains military police, who then serve across the country and around the world as part of NATO and UN operations as well as at Canadian high commissions and embassies. I know that they will welcome the work that has gone into this bill.
It is really a privilege to represent the men and women of CFB Borden. It has been an honour to attend Remembrance Days and other ceremonies with them. I am also pleased to have played a part in securing investments at the base. I treasure the relationships I have developed with specific soldiers who serve there.
When we talk about our open democracy, these are the soldiers who protect it. They are the ones who ensure that we get to live in a kind and generous society. They are the ones who guard our freedoms: freedom of speech, freedom of association and freedoms that individuals in other places around this globe may not enjoy.
I want to thank the men and women at Base Borden, those serving in the armed forces today and those who have served. I thank them for their service, their dedication, and their willingness to put their lives on the line to protect the lives of other Canadians as well as our Canadian democracy.
I am happy that the Liberals took so much of our work on Bill C-71, as we consulted extensively across the country with the military community. I am prepared to support this bill at second reading.
Chris Bittle Liberal St. Catharines, ON
Mr. Speaker, I would like to thank the hon. member for her speech and for telling us about Camp Borden and how proud she is to be representing those individuals, as many of us on this side of the House are.
I am very proud of representing those in the Lincoln and Welland Regiment, and because of that, I want to see this bill get to committee as quickly as possible. The hon. members in the NDP suggested some potential amendments. They are supportive. The Conservatives are supportive. The government is supportive. Would the hon. member call on this House to call the question and get this to committee as quickly as possible so that she can help her constituents at Camp Borden?
Kellie Leitch Conservative Simcoe—Grey, ON
Mr. Speaker, as I mentioned, I am supportive of this bill going to second reading, in particular because of the work, as I mentioned, done by a government I served in, a Conservative government that put forward Bill C-71, a bill that truly looked at making sure that the victim came first and that enshrined the principles of the Victims Bill of Rights.
I look forward to it going to committee and contemplating those amendments members and colleagues from the NDP put forward but also those the Conservatives may put forward as well.
David Anderson Conservative Cypress Hills—Grasslands, SK
Mr. Speaker, does my colleague really believe the Liberals are serious about this bill and about victims rights? Over the last week or so in the House, particularly in question period, we have had some heated exchanges about the Liberals' failure to represent victims fairly across the country.
Therefore, does she feel they are serious about the bill and seeing it through or does she expect that when we do get it passed at second reading and it goes to committee, we will see the Liberals begin to play some of the same games we have seen them play on other issues, particularly Tori Stafford, Chris Garnier and those kinds of things?
Kellie Leitch Conservative Simcoe—Grey, ON
Mr. Speaker, obviously I am hopeful the Liberals will stick true to their word on Bill C-77 about ensuring that victims rights are front and centre.
The member is correct. We have seen over the last two weeks in the House conversations around the challenges when victims voices are definitely are not heard. The Liberals seem to put forward opportunities all the time, and in the case of one individual who is currently incarcerated, where those rights come before those of other individual Canadians who we know are victims. Therefore, I am hopeful this will move forward and victims rights are protected. The proof will be when we come back to the House and passes a law that enshrines those victims rights.
Lloyd Longfield Liberal Guelph, ON
Mr. Speaker, I thank the member across the way for particularly highlighting that a lot of this work had happened in the previous parliament, but unfortunately not passed. It did get royal assent in April 2015, but could not get a full legislative pathway because of the election.
I wonder about the additions we have made to this bill, particularly relating to the previous question around indigenous sentencing and how indigenous people have different ways of handling sentencing and restitution, as well as gender considerations and gender expression and whether these two areas of sentencing should be included in the legislation going forward.