Good afternoon.
Mr. Chair, members of the committee, I would like to thank you for inviting me to take part in the discussion on the amendments to the National Defence Act. Appearing before you is an honour, and I will do my utmost to rise to the occasion.
This year will mark the 10th anniversary of the Lamer report. There were very good basic principles in that report. Mr. Lamer said that unless there was a very good reason to have discrepancies between the National Defence Act and the Criminal Code, then the act should be as close as possible to the Criminal Code.
I intend to keep my comments brief.
I wish to make three points that I feel are very important and that I would encourage you to consider.
I fail to see any reason for panel members to exclude any ranks of the Canadian Forces at a court martial. If you look at the section, we don't treat officers the same way as we treat privates. When you look at that under the Criminal Code, those same privates, with the same people involved—because you know that on some occasions both a court martial and a civil court have jurisdiction over a case, so you could see a case where a high-ranking officer would be charged with, for example, assault or sexual assault—could be called and be members of the jury, but in the forces, he would be precluded and excluded. If that same private is charged with any offences, he is not entitled, under my reading of the act, to have a peer appear there, because the lowest rank would be sergeant.
Again, I suggest that there is no reason to have that kind of discrepancy.
The second part on that panel, if you look at the National Defence Act and the way it's done, contrary to the criminal civil court, none of the parties in court have any say in who the panel members will be. There's no challenge process. There's an informal one where you can have a look at the people, but it's only at a court martial.
I understand that there would be something to be made out of that. It has to be addressed differently because sometimes the court martial is far away, but with the technology today, I suggest that the court martial administrator should have some responsibilities toward both the prosecution and the defence in the selection process. You end up with panel members at a court martial and you don't know how they've been selected.
The process is also said to be random, but at the end of the day, it is more or less clearly explained.
Lastly, as a former director of the Canadian Forces Directorate of Defence Counsel Services, I would point out one thing. While it is positive that the four-year term can be renewed, keep in mind that renewal is once again at the discretion of the authorities.
By its very nature, the role of the director of the Directorate of Defence Counsel Services is somewhat at odds with the organization. Indeed, in light of all the amendments, the various courts and the motions related to the likely amendments to the National Defence Act, the director may be the target of some animosity. It's human nature.
From my experience, I would once again suggest that the term of the director of the Directorate of Defence Counsel Services be renewed at the director's request, instead of further to a decision by the administration.
Thank you. I would be happy to answer questions.