Thank you, Mr. Chair.
Again, a huge thanks to you and the entire committee for extending the invitation to speak to you today on this very important matter, which is important not only for military justice but for the entire Canadian Forces as a whole, and that is Bill C-15.
As you know, the primary intent of this bill is to respond to the recommendations made by the Right Honourable Antonio Lamer in the first independent review of the legislation in 2003.
As Judge Advocate General, it is my statutory role, pursuant to section 9.1 of the National Defence Act, to act as legal adviser to the Governor General, the Minister of National Defence, the department, and the Canadian Forces in matters relating to military law. I have the additional statutory responsibility pursuant to section 9.2 to superintend the administration of the military justice in the Canadian Forces.
As stated by Chief Justice Lamer in his 2003 report, the JAG's role as superintendent of the military justice system is largely analogous to that of an attorney general. The military justice system has two fundamental purposes, as recognized in clause 62 of Bill C-15: (a) to promote the operational effectiveness of the Canadian Forces by contributing to the maintenance of discipline, efficiency and morale; and (b) to contribute to respect for the law and the maintenance of a just, peaceful and safe society.
To put it in a nutshell, it is to maintain discipline and to do justice.
I would like to take a few moments to address some points that arose during the committee's proceedings related to Bill C-15 when the minister appeared last week.
Bill C-15, similar to any other government bill introduced in Parliament, advanced through a prescribed process of development and consideration. This process includes: the development of a memorandum to cabinet that includes a review by all other departments, including the Department of Justice and the Privy Council Office; interdepartmental meetings at which the legislative initiative is scrutinized and discussed and other departmental officials have the opportunity to express their concerns and to comment; consideration and approval of the MC by cabinet; and, following approval by cabinet, drafting by the legislative drafters at the Department of Justice working in conjunction with instructing counsel from the relevant department.
These legislative drafters have, as part of their mandate, an obligation to raise any charter concerns. Thus, as part of the legislative process that I alluded to above, many stakeholders are involved before a bill is introduced. This particularly includes an opportunity for the Department of Justice, pursuant to subsection 4.1(1) of the Department of Justice Act, to raise any concerns it may have regarding the compliance of the bill with the charter.
However, having regard to my statutory mandate, in terms of any proposed legislation impacting on the National Defence Act, it is my duty to advise the minister on the constitutionality of proposed legislation.
As the superintendent of the military justice system, it is my statutory responsibility to ensure the system serves the operational requirements of the Canadian Forces while respecting the charter.
Contrary to one concern that has been expressed, there is no conflict of interest in the office of the JAG advising on the constitutionality of legislation relating to the military justice system, anymore than there is in the Attorney General of Canada advising on the constitutionality of proposed legislation drafted by the Department of Justice. This is the job that Parliament has given me to do in the National Defence Act.
I have an outstanding team of legal officers to assist me in doing that. Within their areas of expertise, they do not take a back seat to anyone in terms of their quality, their education and training, their professional standards, and their devotion to the rule of law. We are Canada's leading authorities in matters of military law and military justice.
To be clear, I have no doubt that the military justice system is constitutional and satisfies the guarantees set forth in the charter, and I stand behind this bill. As recently as 2011, Chief Justice LeSage adopted the views of Chief Justice Lamer, who stated, “Canada has developed a very sound and fair military justice framework in which Canadians...have trust and confidence.” Further, Chief Justice LeSage made recommendations that would assist in ensuring the continued strength and viability of the military justice system.
Therefore, while you may hear criticisms of the military justice system during your study, I would refer you to the comments of two eminent jurists, Chief Justice Lamer and Chief Justice LeSage, during their respective independent reviews that served to reinforce my view that the military justice system is fair to accused members while serving the operational needs of the Canadian Forces.
In conclusion, Mr. Chair and members of the committee, I leave you with comments of the former Chief Justice of Canada, the late Honourable Brian Dickson, who stated that there “is a need for a separate and distinct military justice system, consistent with the primacy of the rule of law”.
Like chief justices Lamer and LeSage, I am confident that Canada has a sound and fair military justice system.
Bill C-15 would serve to further enhance the military justice system. The improvements it would make are necessary to enable the military justice system to fulfill its two fundamental purposes: to promote operational effectiveness and to do justice for the men and women of the Canadian armed forces.
With that, Mr. Chair, I thank you and the committee for this opportunity, and I welcome any questions you or the committee members may have.