Mr. Speaker, I rise to speak to Bill C-15, a bill that would change the nature of the National Defence Act and, in some ways, improve the military's system of criminal justice.
This legislation has been a part of ongoing debate in Parliament over a number of years. We have some serious concerns with this legislation and will be opposing it at second reading. Committee stage has not been all that fruitful over the last year and a half of the majority Conservative government, but I suppose that if we did get some amendments that brought the legislation back to the state it was in the previous parliament, then we could get onside with that. Here we are debating this legislation in the House of Commons, recognizing that committees have not been doing their due diligence on many of the bills that have gone forward. The government has been using its majority in committees to block many useful amendments. That problem, we all recognize, has been changing our ability to provide good legislation for Canadians.
I want to talk about the summary trial system and the fact that a conviction of a service offence in a summary trial of a Canadian Forces member may result in a criminal record. I am concerned about the vast number of Canadians who may end up with a criminal record for offences that are relatively minor and the fact that we do this at a higher rate than many other civilized countries in the world.
We have a system that puts a criminal record on the backs of Canadians for a variety of offences, including in some cases for very minor and victimless offences that really do not warrant the kind of long-term impediment to a convicted person's lifestyle that a criminal conviction entails. That impediment includes getting a job, getting a place to live or travelling to other countries. Having a criminal record in Canada seriously impedes the progress of someone's life, and we here in Parliament should take it seriously. A conviction becomes part of a citizen's history and affects his or her life going forward.
Now we have summary trials in the military tradition. The NDP worked hard on the previous bill to get an amendment that would strike off a great number of the offences under the National Defence Act that can result in criminal records. In the previous bill the government was going to remove five of those offences but we managed to get that number up to 27. I am not familiar with precisely which five offences still remain in this legislation.
When I look at the offences under the National Defence Act, such as disobedience of a lawful command, for instance, should that carry forward in every instance in a summary trial? Remember that we are talking about a summary trial where there is no obligation on the part of those conducting the trial to provide legal counsel to the people standing in front of them. We are dealing with a hierarchical system where the complainant in the military tradition has the upper hand over the defendant.
Providing prompt but fair justice in respect to minor service offences contributes to the maintenance of military discipline and efficiency. However, given that our military personnel are under great stress and have to deal with being away from home for long periods of time under a very strict command and control structure, they are likely to offend in some way if, under the command system, they are identified as a problem. That is the nature of military service.
We have to think about what we are doing with or creating for these people when they come out of the military into the general population. That is very important. It is a very serious situation for them if, from a summary trial, they have a criminal record for some minor service infraction. I think this goes on quite often In Canada. We give people a criminal record for a variety of small offences in the military, which I do not think is appropriate to do there or in the general justice system. We need to reform all of our justice systems so that we not too easily burden people with a criminal record designation.
Under the National Defence Act we have offences such as abuse of subordinates, connivance at desertion, absence without leave, cruel or disgraceful conduct, insubordinate behaviour, quarrels and disturbances. These are all part of life. They are things that happen to one degree or another. How is something like a quarrel or disturbance designated? I hate to think that by quarrelling with the government here over the bill that I could be up on a summary offence by some trial in the House of Commons. However, that is what happens in the military.
We must maintain military discipline and there are reasons to have summary trials, but the sentencing that goes along with that is what we are talking about here. That is at question. Should minor offences have a long-lasting impact on a person's life? This is why the NDP is taking a strong position here, because we do not want to see this happen. We did have good results in the last Parliament in getting 27 of these offences removed, and I think that would make the bill more palatable.
It is not every day that we discuss the nature of military justice. This is our last shot at it. Once the bill has gone through the process, it may not come before Parliament for another decade. There may be many instances where people end up with criminal records for relatively minor offences over the next decade, if the bill passes during the course of this session.
We have important work to do here and want to see this done right. We want to ensure that the kinds of penalties given for offences in this regard are well thought out and are not punishing Canadians unduly for things that may occur under the conditions of military service.