I move amendment NDP-1, which would delete lines 11 to 23 on page 4 of the bill.
We propose removing these proposed subsections as they're unnecessary. We don't have to have special provisions for the Chief of the Defence Staff to be able to remove the provost marshal. We don't believe that's an appropriate way to have the provost marshal, who is the equivalent of a chief of police, as we discussed during committee. The provost marshal ought to have an independent existence. Having the Chief of the Defence Staff able to remove him interferes with the independence of the provost marshal, which we think is important. The current lack of independence is made worse, in the view of some of the witnesses we had.
If this amendment is not supported, we have a different amendment. The principle was to remove not only the provision requiring the provost marshal to be subject to serve at good behaviour, but also especially those provisions allowing the Vice CDS to make instructions or issue guidelines to the provost marshal.
We had considerable debate about that during the hearings. Obviously, opinions differ on this. I think Mr. Peter Tinsley expressed it very well as a step backwards. We don't see any justification for changing the particular situation whereby the provost marshal is in charge of the investigation, can lay the charges, can do the investigation. We had some debate with Mr. Tinsley from members of the committee suggesting there were instances, especially during combat or in the field, where the judgment of the provost marshal should be overruled by the Vice CDS. I believe the response was a practical one and a sensible one from Mr. Tinsley, which is that for people in that position—and he has been in that position as a police officer both in the field and elsewhere—the fact that there are combat circumstances doesn't make a difference. The importance of the independence of the police is still relevant despite the fact that it is taking place in combat.
We obviously recognize there's a chain of command here, but in the case of the military police, the independence of the police force is similar to the need for the independence of the judiciary, which we see in the military, which we should see in the military, which we should also see in civilian life. To make the provost marshal subject to this provision is a step backwards, as was said. It also goes against the recommendations made in the Lamer and LeSage reports, and it is also contrary to the accountability framework that's been agreed upon.
It's been suggested that's just a policy and can be overruled. It may well be just the policy, but this is now being overruled by legislation, which amounts to a step backwards. Why this is necessary hasn't been adequately or convincingly or persuasively presented to the committee. Therefore, we want to see this change.