Mr. Speaker, I am honoured to speak to Bill C-25, an act to amend the National Defence Act and to make consequential amendments to other acts.
Bill C-25 is the most extensive package of amendments to the National Defence Act since enactment in the year 1950. The amendments deal with a wide variety of issues ranging from updating the boards of inquiry provisions to putting some of the Canadian forces domestic duties, such as duties during the recent ice storm, on a firm legislative footing.
But Bill C-25 is primarily about military justice. In that regard it sets out a comprehensive strategy to modernize the code of service discipline in a way that is consistent with the values and expectations of Canadians and meets the Canadian forces requirement for a military justice system that is swift, fair and portable.
As part of this comprehensive strategy, Bill C-25 puts in place a number of mechanisms designed to improve oversight and review of the administration of military justice. Both the report of the special advisory group chaired by the Right Hon. Brian Dickson and the Somalia commission of inquiry recognized the importance of strengthened oversight and review of military justice.
The Dickson advisory group made two important points in this regard. First, military justice by definition must include an effective, independent channel or mechanism through which service members can express their concerns about any aspect of the military establishment. Second, in their opinion, such a mechanism would ultimately strengthen the military chain of command.
The mechanisms in Bill C-25 are based on the principle put forward by the Somalia commission that oversight and review mechanisms should be strengthened. Bill C-25 contains a variety of mechanisms to strengthen oversight and review and to complement other specialized mechanisms. It is these mechanisms to strengthen oversight and review which I would like to address.
Bill C-25 will establish the Canadian forces grievance board and military police complaints commission, both of which will be external and independent oversight bodies. It will establish a military police code of conduct. It will create a new requirement for the judge advocate general to review and report on the administration of military justice.
Finally, it will require that the Minister of National Defence review the provisions and operation of the National Defence Act and report to Parliament within five years of the amendments coming into force. All of these amendments will substantially enhance both accountability and transparency in the administration of military justice.
My colleague is exactly right when he said transparency is our ultimate goal. The amendments will also ensure that there is a means through which day to day decisions in the administration of military justice can be monitored and assessed.
First, let me look at the current grievance system as authorized by section 29 of the act. Today the language of section 29 does not clearly define the circumstances in which a member may submit a grievance. In addition, while the grievance process has generally been seen to be achieving its objectives, it involves too many levels of review. This leaves the perception that the process is slow and unresponsive. Also, it is perceived as being too closely linked to the chain of command and lacking any external input.
The grievance process has been under active review within the Canadian forces. It has also been the subject of observations in three recent reports. The Somalia commission recommended that the Minister of National Defence have no adjudicative role in redress of grievance matters. The Dickson advisory group recommended that the minister not be involved in grievances related to summary trials and noted that the report of the Minister of National Defence to the Prime Minister in March 1997 indicated that it was inappropriate for the minister to act as the final arbiter in grievance processes.
Bill C-25 will act upon many of the recommendations of these reports. For example, it will make three important changes to the grievance system. First, it will clarify the circumstances in which a member may submit a grievance. Second, it will establish the Canadian forces grievance board which will be external to and independent of the department and the forces. Third, it will authorize the chief of defence staff to be the final decision maker in the grievance process.
The grievance board will review prescribed categories of grievances before they are sent to the chief of defence staff. The CDS will have the option of referring any other grievance to the board. The board will provide findings and recommendations and submit them to the CDS. The CDS will not be bound by the board's findings or recommendations, but will be required to provide reasons when any findings or recommendations are not acted upon.
The grievance board will establish its own internal process and, for the purpose of conducting its tasks, will have the authority to hold hearings and compel the attendance of witnesses and the production of documents.
Bill C-25 will require the board to file an annual report with the Minister of National Defence, who will be required to table this report in Parliament.
Bill C-25 will also create a military police complaints commission. This commission will be independent and external to the department and the forces and will have the mandate to deal with complaints from the public about the conduct of military police in their policing duties.
It will also have the mandate to deal with complaints by military police concerning improper interference by members of the forces and senior officials of the department in the conduct of military police investigations.
This commission will have the power and resources to investigate complaints and the power to conduct public hearings. It will also have the power to subpoena witnesses and documents and take testimony under oath.
As is the case with independent bodies which provide similar oversight to civilian police, the complaints commission will have the authority to make findings and recommendations to the minister.
Bill C-25 will require the commission to file an annual report which will be tabled in Parliament by the Minister of National Defence.
Bill C-25 will also make specific provision for a military police professional code of conduct to be established in regulations. The code of conduct will establish a clear standard of professional conduct for military police. The code of conduct, which is a feature of most Canadian civil police forces and which was recommended by the Dickson advisory group and the Somalia commission, will help to enhance both the professionalism and accountability of military police.
In addition to these important steps to improve oversight and review, Bill C-25 will also make the military justice system more open and transparent through two other new review and reporting requirements.
First, five years after Bill C-25 amendments come into effect the Minister of National Defence will be required to review the operation of the act. This review will be tabled in Parliament.
Second, the judge advocate general will be required to report annually to the minister on the administration of military justice in the Canadian forces.
These reports, in addition to those I mentioned earlier by the Canadian forces grievance board and the military police complaints commission, will enhance openness and accountability.
The proposed amendments contained in Bill C-25 are the most extensive in the history of the National Defence Act. They follow through on the recommendations of the Dickson advisory group and respond to those of the Somalia commission. They provide a more effective statutory framework for the operations of the department and the forces.
In terms of oversight, the amendments to the grievance process provide an open and responsive process through which members of the Canadian forces can seek review of decisions in the administration of the Canadian forces.
The amendments associated with the military police complaints commission establish a rigorous and transparent process to review military investigative activities. The new reporting requirements mandated by Bill C-25 will enhance the effectiveness of parliamentary oversight in a number of important areas.
A famous military man once said “There is no security on earth, only opportunity”. We have here an opportunity to propose and move these very specific amendments which will enhance our Canadian military. I urge all hon. members in this House to lend their unqualified support, which I am sure we will get, to these amendments.