Evidence of meeting #55 for National Defence in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was section.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Patrick K. Gleeson  Deputy Judge Advocate General, Military Justice Strategic Response Team, Office of the Judge Advocate General, Department of National Defence
Robert Davidson  Director of Staff, Strategic Joint Staff, Department of National Defence
Tom Lawson  Assistant Chief, Air Staff, Department of National Defence
Bernard Blaise Cathcart  Judge Advocate General, Canadian Forces, Department of National Defence
Jill Sinclair  Assistant Deputy Minister, Policy, Department of National Defence

4:20 p.m.

NDP

Jack Harris NDP St. John's East, NL

Okay. Well, that doesn't address the other concerns we had. A minor insubordination would attract a criminal record if dealt with by a commanding officer, under your concept.

4:20 p.m.

Col Patrick K. Gleeson

Yes, it would.

4:20 p.m.

NDP

Jack Harris NDP St. John's East, NL

What about 83 and 84?

4:20 p.m.

Col Patrick K. Gleeson

Eighty-four is the same situation.

Ninety-three is cruel and disgraceful conduct, with “five years or...less punishment”, so that didn't make the cut, based on the assessment we did.

That's 93. I think 100 was the next one...?

4:20 p.m.

A voice

Ninety-eight.

4:20 p.m.

Col Patrick K. Gleeson

Ninety-eight? Ninety-eight is malingering, aggravating disease or infirmity.... Ninety-eight is on the list.

4:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

It is?

4:25 p.m.

Col Patrick K. Gleeson

Ninety-seven or.... Ninety-nine is on the list--

4:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

Okay. Sorry, 98 is, but 99.... Sorry, I'm looking at the wrong list.

4:25 p.m.

Col Patrick K. Gleeson

Ninety-eight is the punishment again. It's five years--“exceeding five years or...less punishment”.

4:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

What's that penalty?

4:25 p.m.

Col Patrick K. Gleeson

Five years or less punishment.

4:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

What's the charge? Sorry.

4:25 p.m.

Col Patrick K. Gleeson

It's malingering. I'll correct the listing. I read 99 as malingering, but 99 is actually “detaining unnecessarily or failing to bring up for investigation”.

4:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

Okay. So once again, I would point out that malingering is one of those, when we were having the discussion last time.... Despite the fact that it may, on an offence list, look particularly serious, there are degrees of malingering that I think we would all agree could be extremely trivial. We all know what malingering is; I won't even try to come up with an example. But again, the way you've approached this, it's dependent upon what's already written into the code in terms of maximum offences.

4:25 p.m.

Col Patrick K. Gleeson

What we try--

4:25 p.m.

Conservative

The Chair Conservative Maxime Bernier

Sorry.

Mr. Hawn.

4:25 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Just on a quick point of order, our subsequent witnesses are here, and we would need unanimous consent to release them. I think with votes and stuff we're probably not going to get to them.

4:25 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

[Inaudible--Editor.

4:25 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Yes.

4:25 p.m.

Conservative

The Chair Conservative Maxime Bernier

I just want to inform the members that the bells are ringing and we have to suspend our work. Or if we have unanimous consent, we can go on right now. If we suspend, we can also come back for another hour to do our work until we're finished.

I'm asking the members, first of all, if they want to suspend right now, go to do our work in the House, and come back after that--or not.

Mr. Hawn.

4:25 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

That's fine, but with reference to the witnesses, I think we're probably not reasonably going to get to them, given votes and given this discussion, so I would like to suggest that we release those witnesses.

4:25 p.m.

Conservative

The Chair Conservative Maxime Bernier

Okay.

Monsieur Bachand, do you want to...?

4:25 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

I for one would have liked to find out what is happening in Libya. As you know, I have a motion and I would probably have introduced it at the time of the debate. However, I understand that we must finish our parliamentary and legislative job. I would be willing to continue. Is this a half-hour bell?

4:25 p.m.

Conservative

The Chair Conservative Maxime Bernier

Yes.