Evidence of meeting #22 for National Defence in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Legault  Legislative Clerk
Geneviève Lortie  Deputy Judge Advocate General, Military Justice Modernization, Canadian Armed Forces, Department of National Defence
Matt MacMillan  Director, Military Justice Implementation, Office of the Judge Advocate General, Canadian Armed Forces, Department of National Defence
Wilson  Legislative Clerk

James Bezan Conservative Selkirk—Interlake—Eastman, MB

I recommend that we go ahead with a three-year sunset, as in CPC-8.

The Chair Liberal Charles Sousa

That's as opposed to the five.

12:45 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Well, seven.... We're saying three in CPC-8. Justice Deschamps felt that five years is too long, especially if it's not working, so this requires that a mandatory review happen within three years.

If it's not working, we just let them expire.

The Chair Liberal Charles Sousa

Ms. Romanado.

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Based on what Lieutenant-Colonel MacMillan mentioned, three years after royal assent we might be in an election. If the House is in an election period, the motion cannot be put forward for the House to continue. I'm just thinking about the timeline. I was just going to check to see if the colleague—

12:45 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

When are we having an election?

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

I know the NDP put forward a separate amendment that's very similar, but given that there will very likely be an election in the next three years—the next scheduled election is in October 2029—I think three years might be too tight. I'm just asking whether the colleague across the way would consider five years. I agree that seven is too long, but would he agree to five years?

12:45 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

We can split the difference and go with four.

An hon. member

Four and a quarter.

Some hon. members

Oh, oh!

The Chair Liberal Charles Sousa

I think what our colleagues are saying is that, before we move a subamendment to the amendment, which is pretty much the NDP's amendment.... Do we want to proceed that way, or are we going to just spin our wheels?

Mrs. Romanado.

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Didn't the witnesses recommend five?

A voice

Is this on the sunset?

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

It's the sunset, yes.

12:45 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

On the sunset, Christine Wood said two to five, Diane Hill Rose said two to five and Justice Deschamps said three, because five is a long time if harm had been done. If you're willing, then I'll go with four. That's based on Justice Deschamps saying that five was too long.

Plus, I'll just say this—

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot—Acton, QC

Mr. Chair, I'll move the subamendment.

Let's say four years.

12:50 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Did he propose four?

The Chair Liberal Charles Sousa

Give me a moment. I want to check on a particular item.

I will ask the witnesses a question, for clarity. We already have something that says seven years in regard to the National Defence Act. By making this amendment of three, four or five years, is there a conflict thereafter?

Geneviève Lortie

It's not a question of conflict. What is proposed is a review of these provisions so that the two reviews would happen. If, after the first period, there's a resolution proposed and passed, that could extend for another period. I'm not sure of the number, but it's the addition of the same period twice. In the end, we're back to the way the National Defence Act reads today.

There's no way to protect, come back or maintain those provisions after that period of time. If that's the intent of the committee, at that point a bill would have to be proposed and reintroduced, and you would have to redo all of the amendments your committee is doing right now.

12:50 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

If they expire, then they'd expire after three years.

Col Geneviève Lortie

They will expire. The way it's listed—

12:50 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

They will, yes. That's fine.

Col Geneviève Lortie

—it's the addition of the two, and at the end, there's no way.... With the way we understand how it's proposed and written, that's the end of it; there's no way to keep them. If this works—and our recommendation would be to keep them—another bill would have to be tabled, and you'd go through all the steps up to royal assent to maintain those provisions.

The Chair Liberal Charles Sousa

Thank you.

I have Mr. Bezan.

I am sensitive to the time.

12:50 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

I'll try to be quick, because I think, at this point—