Mr. Speaker, the military justice system that governs the members of the Canadian Forces is completely outdated. My colleague was just talking about that. We have been talking about it, looking into it and studying it since 2003. At the moment, it deprives the men and women in uniform—who have risked their lives to serve Canada—of access to the same legal safeguards that other Canadians across the country enjoy under the Charter of Rights and Freedoms.
The NDP has long advocated modernizing the military justice system. We believe that the military justice system must be subject to the same kind of rigour as the rigorous discipline faced by members of the Canadian Forces. For that reason, we are proud that the military justice system is being reviewed as we study Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts. We are also proud that this bill incorporates some of the recommendations made by the former chief justice of the Supreme Court of Canada, the right hon. Antonio Lamer, in his 2003 report on the independent review of the National Defence Act.
This bill is a step in the right direction, toward making the military justice and civilian justice systems more uniform. But it does not go far enough—as we have said since the debate began today—in reforming certain aspects of the act that I think are essential. Moreover, the bill only includes only 28 of Justice Lamer’s 88 recommendations. The fact that this bill does not go deep enough is disappointing, particularly because many significant amendments proposed by the NDP and adopted by the committee studying Bill C-41—which covered the same subject but was shunted into oblivion by an election call—have unfortunately not been included in Bill C-15. All opposition MPs have said this during the debate. Certainly, we are repeating ourselves, but it is important to say that the work was done in committee, that experts gave their opinions, that the Canadian Forces also made recommendations, and that there was a report. It is as if we were back at square one, since the government has ignored all the recommendations.
Can the government tell us why it has not included the amendments made by the official opposition in Bill C-15? We think adopting these amendments for Bill C-41 was a positive and constructive step. Can the government tell us why these amendments are no longer acceptable?
Committees take their work seriously. This was the result of significant collaboration among members of all parties. This kind of work does not deserve being reduced to nothing. By not including all our amendments in Bill C-15, the Conservatives are devaluing the important work done in committee and that of the defence department, as well as the recommendations made by representatives of the Canadian Forces during the last Parliament.
Bill C-15 still has many shortcomings. We call upon the Conservative government to amend the bill more thoroughly so that the National Defence Act and other related acts can be properly reformed.
The summary trial system, which is probably one of the most outrageous aspects of the current military justice system, requires some major changes. The current amendments to Bill C-15 do not go far enough in addressing the injustice created by summary trials. Do members know what a summary trial is? Most Canadians have no idea what a summary trial is, and they would be shocked to learn that some Canadian citizens are subjected to this type of procedure. A summary trial means that a Canadian Forces member is judged by his commanding officer, in other words his boss, without the right to a lawyer, to an appeal, and without any transcript of the trial.
Currently, a summary trial conviction in the Canadian Forces also results in a criminal record. The summary trial is the most frequently used disciplinary method to deal with offences committed by Canada's military personnel. For example, in 2008-09, 96% of the cases were decided by summary trial. I want to condemn the excessive harshness of summary trials in the case of minor offences.
Minor offences include insubordination, quarrels and misconduct. It seems disproportionate that a conviction for this type of offences should lead to a criminal record. While I recognize the importance of military discipline in the Canadian armed forces, Michel Drapeau, who is an expert in military law and a retired colonel, said this:
Discipline is integral not only to the maintaining of an efficient armed forces but also to ensuring that the rule of law predominates within the military, particularly when engaged in great peril and danger in combat.
However, I am very concerned about the potential consequences of a criminal record for Canadian Forces members after their military career. For example, a criminal record means that the individual will have a very hard time finding a job, renting an apartment, and even travelling.
Do we think all these consequences resulting from a minor offence are excessive and even unfair? I do. It makes no sense. It is totally unfair and it is not in line with what we are asking from members of our armed forces.
This matter had already been covered by an amendment when Bill C-41 was being studied. In fact, the NDP suggested lengthening the list of offences that could be considered minor and that did not merit a criminal record if the offence in question led to a minor punishment. The NDP asked that the list be increased from 5 to 27 offences. It also asked that the list of punishments that could be handed down by the court without leading to a criminal record be lengthened. That changes everything.
Why is this amendment, which was agreed to last spring, not included in Bill C-15? Does the bill ensure that some offences will no longer result in a criminal record? It is inadequate. The bill must go farther. The amendments proposed by the NDP need to be included, as they were in Bill C-41. The military justice system must absolutely adapt to the realities of the 21st century. The current rules and provisions are truly obsolete. The United Kingdom, Australia, New Zealand and Ireland have already deemed it appropriate to change the summary trial process.
At what point will Canada follow suit? Why is the Conservative government dragging its feet on such vital issues as human rights and the rights of Canadian soldiers who, I would like to remind everyone, are Canadian citizens?
After all, would we not be utterly outraged if this sort of thing happened in a civilian context? I am certain that no one would accept it. Canadians would be absolutely shocked to find that soldiers who have so bravely served our country can end up with a criminal record because of flaws in the military justice system.
Bill C-15 must also include a reform of the grievance system. At the moment, the grievance board, which is supposed to be independent, does not allow for an external review of the grievances at issue. Even more ironically, Bill C-15 is changing the name of the board to the “Military Grievance External Review Committee”. I cannot see how changing the name makes the committee any more independent. The employees working for this committee are armed forces retirees, which does not make the body truly external and independent.
Meaningful amendments have to be made to the appointment process. In March 2011, the NDP suggested that 60% of members of the grievance board be people who had never been officers or non-commissioned members of the Canadian Forces. This amendment was kept in Bill C-41. At the risk of repeating myself, can the government explain to us yet again why this amendment is no longer in Bill C-15? I believe that keeping it in the bill is essential.
Still on the topic of the grievance process, the NDP also condemned the Chief of Defence Staff’s lack of authority to resolve financial considerations stemming from grievances.
What is more, there is the matter of the complaints commission. We are asking that the powers of the commission be increased so that it can investigate and report to Parliament.
For all these reasons, because the government has transformed Bill C-41 into the completely unjust, inadequate and incomplete Bill C-15, the NDP will oppose it. There are still many amendments missing and far too many inequities within the bill.
I am now ready to answer questions from my colleagues.