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 House proceeded to the consideration of Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts.
The Assistant Deputy Speaker Carol Hughes
There being no amendment motions at report stage, the House will now proceed, without debate, to the putting of the question on the motion to concur in the bill at report stage.
National Defence ActGovernment Orders
February 22nd, 2019 / 10:05 a.m.
Vancouver South B.C.
Liberal
Harjit S. Sajjan LiberalMinister of National Defence
moved that Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, be concurred in at report stage.
Some hon. members
Agreed.
Some hon. members
Agreed.
Harjit S. Sajjan Liberal Vancouver South, BC
moved that the bill be read the third time and passed.
Madam Speaker, I am pleased to be here today in support of Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.
I want to first acknowledge the hard work that has gone into shaping this bill, including the study undertaken by members of the Standing Committee on National Defence.
I am pleased to say that due to the care and dedication to improving our military justice system by our Canadian Armed Forces members, the final bill enjoys support from all parties.
This bill was drafted with the same care for our people in mind, because as I have said before, our people are at the heart of everything we do. They make extraordinary sacrifices every single day in service to our country, and we hold them to a high standard of conduct in all they do, whether at home or abroad. They deserve a military justice system that promotes discipline, efficiency and morale within the Canadian Armed Forces.
Through Bill C-77, we are bringing important changes to our current framework that will allow us to provide this type of support to anyone going through the military justice system.
Many members are already familiar with the proposed changes and the improvements they would make to enshrine victims rights in the system; reform the summary trial process to ensure that minor breaches of military discipline were dealt with in a non-penal, non-criminal process; seek harsher punishments for service offences and harsher sanctions for service infractions motivated by bias, prejudice or hate based on gender identity or expression; and ensure that the specific circumstances of indigenous offenders were considered when imposing a sentence.
The changes we are proposing are long overdue and necessary. We recognize that we need to continually improve our military justice system. These changes align with the mandate given to me by our Prime Minister to make the Department of National Defence and the Canadian Armed Forces workplaces free from harassment and discrimination, and they follow closely our government's action outside the Canadian Armed Forces to make sure that Canada is a safe and welcoming place for all Canadians and people living in Canada.
This legislation would build on our government's commitment to the values of fairness and equality. These values are also key tenets of Bill C-65, which makes workplaces in the federal sphere and in Parliament free from harassment and discrimination. This received royal assent last October.
Bill C-77 would help Canadians prevent incidents of harassment, enable them to respond to events that do occur, and most importantly, support victims, survivors and employers.
Our government is also making strides to ensure fairness and equality for LGBTQ2 Canadians. Since our Prime Minister's formal apology to the LGBTQ2 Canadians for decades of institutional discrimination and harassment, we have taken steps to compensate those affected. Administration of a settlement agreement between the Government of Canada and current and former members of our Canadian Armed Forces is under way.
This past fall we announced a new Canada pride citation that each member of the class will be eligible to receive. This citation is an acknowledgement of historical injustices experienced by LGBTQ2 federal public servants, RCMP and Canadian Armed Forces members to commemorate their resilience, bravery and sacrifice.
Finally, this legislation would continue our government's efforts to strengthen fairness and equality for indigenous peoples living in Canada as we work with the Truth and Reconciliation Commission to implement its calls to action to repair and renew this important relationship.
We should all be proud to be part of a government working to ensure fairness and equality for all Canadians. It is work that goes a long way toward making Canada a country where everyone is treated equally. It is the same dedication to fairness and equality that motivated the creation of this legislation and that continues to motivate us as we work to finalize and enshrine these amendments in law.
I would now like to talk about our proposed changes to the National Defence Act and our hopes for how they would improve our current military justice system.
One of the most important changes would be the addition of a declaration of victims rights in the National Defence Act, which would improve support for victims. This declaration would mirror the Canadian Victims Bill of Rights found in the civilian criminal justice system. It would strengthen how the Canadian Armed Forces supports victims across the military justice system. It would enshrine rights for victims of service offences and enhance the support provided to victims as they navigate the court martial process.
Through Bill C-77, we would be legislating for victims rights, which include the right to information, the right to protection, the right to participation and the right to restitution. Through these expanded rights, victims would be able to access all information to which they were entitled. They would be entitled to security and privacy at all times in the military justice system. They would have the right to present a victim impact statement and to share their views about decisions that affect their rights. They would also be able to ask a court martial to consider ordering restitution for damages or losses when that value could be calculated. In addition, to ensure that victims were able to exercise these rights, they would be entitled to the support of the victims declaration of victims rights to enhance the kind of support we could offer victims through the military justice system.
These would be important changes, and I am proud to be bringing them to the House today.
The second set of changes we are proposing concerns how the military justice system handles minor breaches of military discipline. We are proposing reforms to the current summary trial process, which would create a new process called “summary hearings”. These summary hearings would make the system more efficient and would treat minor breaches of military discipline in a fair and timely manner. The new process would be non-penal and non-criminal.
Through these proposed changes, a new category of minor breaches of military discipline, called “service infractions”, would be created. These service infractions would not trigger a criminal record. This change would allow the Canadian Armed Forces to handle minor breaches of military discipline in a fair, simpler and faster manner, which is extremely important. It would demonstrate trust and confidence in our military leaders, who could address minor breaches of discipline at the base, wing or unit level, and it would help maintain operational readiness and preserve morale across the Canadian Armed Forces.
Through Bill C-77, we would also work to address the issue of gender-based prejudice and hatred in the Canadian Armed Forces. The bill would work similarly to the Criminal Code. It proposes harsher sentences for service offences and harsher sanctions for service infractions motivated by bias, prejudice or hate based on gender expression or identity.
The Canadian Armed Forces has zero tolerance for discrimination of any kind, and we are committed to eliminating these types of biases in all our military ranks. We have a responsibility to make sure that all Canadian Armed Forces members feel welcome and accepted. We know that we have not alway supported our LGBTQ2 members as well as they have deserved. This amendment reflects this commitment and would help the forces continue to make progress in promoting inclusivity.
We have made a significant amendment to mirror the Criminal Code provision relating to the sentencing of indigenous offenders. For indigenous people found guilty of service offences, the personal history and circumstances of indigenous offenders would be considered during sentencing. All available punishments deemed appropriate given the harm done would be considered, with particular attention to the circumstances of indigenous offenders. This sentencing principle also acknowledges historic wrongs that still negatively affect indigenous peoples living in Canada today.
As our Prime Minister has said on many occasions, no relationship is more important to our government and to Canada than the one we have with indigenous people.
Indigenous women and men play an important role in the Canadian Armed Forces. There are nearly 2,500 indigenous members in the regular and reserve forces, and it is our responsibility to ensure that they are well supported throughout their entire military careers.
These proposed changes to the National Defence Act are key to supporting our women and men in uniform. Canadian Armed Forces members need and deserve a military justice system that is transparent, fair and equitable, and a military justice system that helps keep the Canadian Armed Forces fair and inclusive for all Canadians and people living in Canada.
Our people are at the heart of everything we do. They are the reason we work hard to ensure that the Canadian Armed Forces is welcoming and inclusive for all of our members, including women. The reason we introduced Operation Honour was to eliminate sexual misconduct from the Canadian Armed Forces and to change military culture to ensure it is a respectful workplace of choice for all people living in Canada.
The support provided to Canadian Armed Forces members through initiatives like these cannot be overstated. Through Bill C-77, we are making sure that military justice reflects Canadian values, eliminates discrimination and ensures victims have a voice throughout the legal process.
The members of the Standing Committee on National Defence heard from a variety of witnesses in order to get a full picture of how the passing of the bill would affect our members, including the judge advocate general of the Canadian Armed Forces, the Barreau du Québec and senior military leadership, as well as former members of the forces and their families.
Again, I want to thank all those who worked hard to move the bill forward. Their hard work has led to several amendments, some of which have been incorporated and will make the bill stronger.
I also want to specifically recognize the important conversations surrounding mental health and self-harm that came up during the recent study at the Standing Committee on National Defence. During its study of the bill, members of the committee raised concerns about a provision in the National Defence Act that makes it a service offence for military members to wilfully injure themselves with the intent to render themselves unfit for service.
We take the well-being of our women and men in uniform very seriously. That is why we are investing $17.5 million in a centre of excellence focused on the prevention, assessment and treatment of PTSD and related mental health conditions for military members and veterans. That is why we have over 400 full-time mental health workers and we intend to hire more. That is why we included the total health and wellness strategy in our defence policy. That is why we launched the joint suicide prevention strategy with Veterans Affairs last year.
Our government recognizes that military service places unique demands on our brave women and men of the Canadian Armed Forces. As such, I have invited the committee to undertake a study on mental health and self-harm in the Canadian Armed Forces, which will allow us to thoughtfully and thoroughly consider these issues. I look forward to working with committee members to develop a better understanding of these issues and to come up with solutions that will benefit all of our women and men in uniform.
It is a pleasure to see this proposed legislation progress to third reading and to stand in the House today in support of all members of our Canadian Armed Forces. They deserve a military justice system that maintains discipline, efficiency and morale in the Canadian Armed Forces while respecting our Canadian values. They deserve a military justice system that provides fair and equal treatment, regardless of race, orientation or gender.
A lot of discussion has occurred and hopefully we can quickly pass the bill. Once again, I want to thank all members for their input into the bill.
James Bezan Conservative Selkirk—Interlake—Eastman, MB
Madam Speaker, I have always appreciated the minister's service to this country in his role as a veteran, a former lieutenant-colonel in the Canadian Army and a police officer. He has always stood up for the rule of law and has made sure that the bill we have before us today reflects his own personal commitment.
It has come to light in recent days that a crime may have been committed within the Liberal cabinet under subsection 139(2) of the Criminal Code, which notes that no one should bring any undue pressure upon someone to change the outcome of a criminal case. It has been said, as reported in the media this week, that cabinet members witnessed this undue pressure. As the minister is a former police officer, would he want to report that crime?
Harjit S. Sajjan Liberal Vancouver South, BC
Madam Speaker, I thank the member opposite for acknowledging my service.
When I look at my position and the work I do to make sure we are serving our women and men, I think all parliamentarians take a role in this. I thank the member for his work on the committee, looking at how we can improve the criminal justice system. As he well knows, it is very important to support our victims and the bill would do just that.
It is very important to make sure the military criminal justice system is more efficient. One of the improvements we have seen out of this, which is one thing I can bring back to my experience, is that it allows for much more efficiency. It takes it from a summary trial system and puts it into a summary hearing system that allows commanding officers and the leadership to be able to move much faster and move these more serious offences into a proper court martial system.
Gord Johns NDP Courtenay—Alberni, BC
Madam Speaker, I would like to thank the Minister of National Defence, who is also the Minister of Veterans Affairs, for being here today. I would also like to congratulate him on his new post as veterans affairs minister. Of course, I will be encouraging the minister to work with his cabinet and government as they get their business sorted with respect to appointing a full-time Minister of Veterans Affairs, as he knows very well how complicated the issues are that are facing our veterans.
Today New Democrats are supporting the bill. We know that it would add greater protections for victims in the military justice system, which we are missing, and aligns the military justice system with the Canadian Victims Bill of Rights. We are very happy to see this come forward.
The minister well knows that, even with the changes being brought forward in Bill C-77, it is still seen as an offence under the military justice system to commit self-harm. I know the member for Esquimalt—Saanich—Sooke has raised repeatedly that those who come forward seeking help within the military could in turn be disciplined for self-harm. The minister cited calling upon a committee to look at this. However, he had an opportunity to include it in the bill right now and to protect and create safeguards for those who are committing self-harm.
What safeguards are the Liberals putting forward to address the real need for mental health supports in the military that ensure services are delivered free of punishment and disciplinary action?
Harjit S. Sajjan Liberal Vancouver South, BC
Madam Speaker, the member brings up a very important point. I want to assure the member that when it comes to supporting veterans, our government is committed to this cause, but I will not go through the number of investments and the work that has been done. However, I appreciate the support from the member opposite for the bill.
The other issue the member brought up regarding the challenges of mental health is an extremely important one and we listened. We want to make sure we solve this problem. We want to tackle it in a manner that actually shows results. This is about making sure we eliminate the stigma for people to come forward and making sure we can provide the right supports. For example, we have even looked at things like universality of service and all of those various challenges.
I have spoken to many family members regarding this to ensure we have their input. However, on the aspect that has been brought forward, we want to make sure we achieve results. What we are trying to do as part of the bill is different. It is about removing the stigma for those victims who are having mental health challenges. That is something we are committed to. We have put a number of initiatives forward and the entire Canadian Armed Forces chain of command is committed to this.
National Defence ActGovernment Orders
February 22nd, 2019 / 10:25 a.m.
Winnipeg North Manitoba
Liberal
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Madam Speaker, I must say that I value and appreciate the work the minister has done, not only on this piece of legislation but in all aspects of the department.
With respect to the legislation we have before us, it is very much a modernization of military justice. I love the aspect of victims rights being incorporated into the legislation. Could the minister share with us some of the work that has been done to put forward the legislation? I know many people from within the department and different stakeholders have had opportunities to provide input. Could he reflect on the many components that have ultimately led us to getting the legislation to where it is today?
Harjit S. Sajjan Liberal Vancouver South, BC
Madam Speaker, when it comes to the military, and especially the military justice system, Canadians expect it to reflect the criminal justice system that is there for everybody. Right now, the victims rights bill, Bill C-77, would bring it line with what Canadians expect. It would make sure victims' rights are taken into account as well as taking into account the viewpoints from the key stakeholders, who are the family members who have been affected by challenges of the past. It would make sure their experiences are taken into account.
Just yesterday, I had a phone conversation with a mother who lost her son to suicide. As the bill passes, we want to make sure they know we have not forgotten about stakeholders' input and want to get their insights. It is more than just about parliamentarians having a say. It is about making sure Canadians who have been impacted by this have a say and we take that into account.