Mr. Speaker, today I will be speaking about Bill C-15. I will begin with a brief history of this bill.
In 2003, the right hon. Antonio Lamer, former chief justice of the Supreme Court of Canada, tabled his report on the independent review of the National Defence Act.
The Lamer report contained 88 recommendations concerning military justice, the Military Police Complaints Commission, the grievance process and the Canadian Forces provost marshal. Bill C-15 is the legislative response to these recommendations.
We must mention, however, that only 28 of the 88 recommendations have been included in this legislation. Thus, the response is incomplete. Bill C-15 is not a full response to the Lamer report.
Bill C-15 has appeared in a number of previous forms. First there was Bill C-7, which died on the order paper when Parliament was prorogued in 2007—an act that, by the way, was undemocratic—and then Bill C-45, which met the same fate when the 2008 election was called.
In July 2008, Bill C-60 came along, simplifying the court martial structure and establishing a system for choosing the court martial format that would harmonize best with civilian justice.
In 2009, the Standing Senate Committee on Legal and Constitutional Affairs examined Bill C-60 and made nine recommendations for amendments to the National Defence Act.
In 2010, Bill C-41 was introduced as a response to the 2003 Lamer report and the 2009 report from the Standing Senate Committee on Legal and Constitutional Affairs.
It included provisions related to military justice, such as reforms to sentencing, military judges and committees, summary trials, the court martial panel and the Canadian Forces provost marshal, as well as provisions pertaining to the Military Police Complaints Commission.
Essentially, Bill C-15 is similar to the version of Bill C-41 tabled by the Senate committee in the last Parliament. The accepted amendments included the composition of the court martial panel and the appointment of military judges during good behaviour until their retirement.
Some important amendments were adopted at the committee stage, at the end of the last parliamentary session. Unfortunately, they were not included in Bill C-15. It is really strange, because many of these amendments were suggested and supported by the NDP and by others. For example, one amendment dealt with the authority of the Chief of the Defence Staff relative to the grievance process. That was a direct response to a recommendation in the Lamer report, and it is missing. There was also an amendment regarding changes in the composition of the grievance board, so that 60% of its members would be civilians. Once again, it is not in this bill. Finally, there was a provision to ensure that a person found guilty of an offence at a summary trial would not be unjustly burdened with a criminal record. That, too, is missing.
What the NDP wants are simple and important things that affect military justice and show respect for the people who serve the country by defending our rights and freedoms.
This bill does propose a number of important reforms. The NDP has long been in favour of the necessary updating of the military justice system. Members of the Canadian Forces are subject to very severe discipline and, thus, deserve a judicial system that is governed by rules comparable to those in the civilian system.
This bill has many shortcomings that we hope will be discussed in committee if the bill is passed at second reading.
The first thing that must be reviewed is the reform of the summary trial system. It is a serious problem. The amendments in Bill C-15 do not deal adequately with the injustice of summary trials. There is a true injustice in these trials. At present, a guilty verdict from a summary trial in the Canadian Forces results in a criminal record. Summary trials can cover many things, some of them insignificant.
They may apply not only to such serious charges as insubordination, but also to less serious offences such as drunkenness or the like, which have nothing to do with the criminal offences that would be found on a criminal record. This is a serious problem that must be reformed, and it must be done immediately.
For example, summary trials are held without the accused being able to consult counsel. There is no recourse and no transcript. We can imagine how a trial is conducted when there is no transcript of what was said. The name says it all: “summary trial”. It is summary, with no real justice and no recourse to a real, fair justice system. Summary trials are held for minor and major reasons, and there is no logic to them.
Moreover, the accused person’s commanding officer acts as the judge. That is much too harsh for some members of the Canadian Forces who are convicted of minor infractions. The fact that the commanding officer is also the judge raises questions about the impartiality of the process. Therefore, changes are needed.
These minor offences include insubordination, as I said, but also quarrels. “Quarrel” is a pretty big word to describe someone raising their voice to someone else. We have to look at the definition of “quarrel”. We are not talking about striking and injuring someone here. Accordingly, we do not see why this should result in a criminal record. Misconduct, again, is very broad. As I said, it is the commanding officer who decides all of this.
Absence without leave, drunkenness and disobeying a command are all undoubtedly very important for military discipline, I agree, but they do not deserve a criminal record, particularly since these soldiers have lives after their military service. Someone who quarrelled with one of his colleagues and who returns to civilian life could find himself with a criminal record because of this.
It then becomes difficult to find a job, to travel outside Canada and to find housing. This creates a whole host of problems for people who, let us not forget, serve the Canadian public and defend our rights and freedoms. Because of some of these measures, their own rights and freedoms are being trampled on somewhat by this military justice system. This process needs to be revised.
I could touch on many other aspects that need to be revised, but I will not have time. A lot of competent people have looked into this. Bill C-15 does not properly reform the military justice system.
To conclude, we in the NDP believe the Canadian Forces already have to meet extremely high standards when it comes to discipline. We know the strict discipline this job calls for. Members of the military are entitled, in return, to a judicial system that is required to meet comparable standards. A criminal record can make life after the military very difficult. Criminal records complicate the process of finding a job, renting an apartment or travelling.
Accordingly, the NDP will fight to make the Canadian military justice system fairer for the men and women in uniform who have risked their lives in the service of Canada. For that reason, it is very important that this act be revised, to respect and honour our soldiers.