On behalf of the Criminal Lawyers' Association, Mr. Spratt and I are pleased to urge support for the amendments to this legislation in the bill. There are a number of amendments that promote an expeditious and fair response to service offences, all the while respecting the Canadian Charter of Rights and Freedoms, and I'd like to draw the committee's attention to certain of those.
Clause 41, in particular, dealing with the independence of military judiciary, as evidenced by the security of tenure until retirement or removal for cause, is seen as a positive step.
Clauses 35 and 36, on the introduction of a six-month limitation period for the laying of a charge to be tried by summary trial, is an improvement over the existing legislation, which did not have a six-month limitation period. That new amendment mirrors subsection 786(2) of the Criminal Code of Canada, and is one that we support.
The CLA is supportive of clauses 27 and 28, which, for the first time, limit the powers of arrest in matters deemed not to be serious offences. We also support clause 32 of the bill, an important clarification of the conditions necessary to warrant pretrial detention.
The CLA supports the addition of members of the military police as persons who are prohibited from serving as a member of a panel of a general court martial as found in clause 48, as justice must not only be done, but be seen to be done.
There is the introduction of a mechanism for resolving disputed facts that are relevant to the determination of a fair sentence. That mirrors the procedure found in criminal courts since the decision in 1982 by the Supreme Court of Canada in R. v. Gardiner that aggravating facts have to be proven beyond a reasonable doubt. That’s found in the bill.
The introduction of a statement of purposes and principles of sentencing is something new to the National Defence Act. Clause 62 and following reflects, in the CLA's estimation, not only the unique purposes of promoting operational effectiveness of the CF, but also the values found in sections 718, 718.01, and 718.2 of the Criminal Code of Canada.
Finally, those amendments to which the CLA can lend its support include clauses 24, 64, and 65, which deal with additional penalties providing a more flexible range of punishments, including absolute discharges, intermittent sentences, the suspension of the passing of a sentence of custody, and restitution orders.
Those are the areas in the bill that the CLA can support. Mr. Spratt can now deal with some matters of concern.