Evidence of meeting #113 for National Defence in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was victims.
A video is available from Parliament.
Col Stephen Strickey
Certainly, as you are well aware, Bill C-71 was introduced into Parliament as a previous iteration.
Davenport, Lib.
Did we consult with former female victims of sexual assault within the Canadian Armed Forces? Did we consult this time around? Did they look at the bill and say, “yes”, or at the draft aspects of it and say whether or not they were comfortable, whether it needed to be strengthened, and what they did or didn't like?
Have we actually gone to those victims and consulted with them?
Cmdre Geneviève Bernatchez
I'm not able to answer whether we have specifically consulted about the disposition of the bill. However, I can say that the director of military prosecutions has already in place a lot of these practices that we're currently looking at in the bill that would be enshrined in this legislation. The director of military prosecutions has been very much engaged with victims groups to explain the different processes and seek their views on how they could be improved and on what they agreed or disagreed with, so that has occurred. However, with regard to how it pertains specifically to the bill, we benefited from the overall consultation that the Canadian criminal justice system benefited from when it enshrined a victims bill of rights in Canadian legislation.
Davenport, Lib.
Is there a time limit to bring a case forward? For example, if a sexual assault happened 10 or 20 or 30 years ago, is that something that could be brought forward under this current bill? Is there a time limit around that?
Col Stephen Strickey
There's no statute of limitations, if you will, currently enshrined in the law, in the National Defence Act, in any case, other than for some matters that are proceeded with before summary trial. I think, ma'am, in particular your question dealt with sexual assault offences, and as it stands currently, the state of the law post-1999 is such that there is no limitation period vis-à-vis serious service offences.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
It has been reported that due to the Beaudry decision, 42 courts martial are being affected. What number of the 42 are related to sexual assault?
Cmdre Geneviève Bernatchez
I don't have this information at my fingertips. I would have to get back to the committee with that information.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Do you know whether or not any of the victims in these cases have been advised that the charges have been dropped?
Cmdre Geneviève Bernatchez
I do know that there are sexual assault cases that are impacted by the situation. The director of military prosecutions takes very seriously ensuring that victims' interests are taken into consideration. He has kept an open line of communication with the victims.
The charges are not dropped. I want to make sure that this is on the record and understood. At this time what is happening is that we are not proceeding. The director of military prosecutions is not proceeding with these charges. The ones that were before the court martial have been adjourned until such time as we get an indication from the Supreme Court of Canada as to whether it will grant the application for the stay of the decision of Beaudry.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
If charges have been dropped even though the perpetrator has admitted that he sexually assaulted—in fact, raped—the victim, and she was subsequently told the charges are going to be dropped, it's not in relation to the Beaudry decision?
Cmdre Geneviève Bernatchez
I'm not sure I understand the question and I apologize for that, but what I want to make clear is that as a result of the decision of the Court Martial Appeal Court of Canada in Beaudry, charges have not been dropped. At this point the matters are still before the court martial but have been adjourned until we have a better understanding of the decision of the Supreme Court of Canada.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
In cases in which charges are dropped and then brought to civilian court, will the victims be penalized in any way? Will their careers be affected if they do indeed take the charges that have been dropped by the military, even though the perpetrator of the crime admitted that he did it, to a civilian court? Will the victim be penalized in any way career-wise should she decide to take it to a civilian court?
Cmdre Geneviève Bernatchez
I'm sorry if I don't understand the question, but no charges have been dropped.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Is there any chance the delays caused by appealing the Beaudry decision could make any of the 42 cases violate the Jordan decision for timely access to trials?
Cmdre Geneviève Bernatchez
For sure this is something that the director of military prosecutions has in mind. There's an 18-month time period that is afforded for a case to proceed. As we're monitoring the situation, the director of military prosecutions has already started to engage in a dialogue with his colleagues involved in civilian prosecution to see what the alternatives and the options will be moving forward.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
If the charges are dropped in a military court with Bill C-77, is there the option for the victim to take them to civilian court, or once it has been tried in a military court or not tried, is it not able to go forth to civilian court?
Cmdre Geneviève Bernatchez
To answer the question, once a charge is laid in front of the military justice system, it needs to proceed within that system. Whether charges are laid in the military justice system or civilian court is a matter that is being discussed with the victims and with the prosecutor on file, because we have the best interests of the victim at heart. We of course balance those interests with the accused's rights.
It's so hypothetical at this point that I feel very uneasy providing an answer on that, because we still don't know what the Supreme Court of Canada will say.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Does Bill C-77 encompass the ramifications of the Jordan decision?
Cmdre Geneviève Bernatchez
Bill C-77 does not specifically address the Jordan decision because it is a matter of law in Canada that there is an 18-month time period that is afforded for a matter to proceed.
Liberal
