Mr. Speaker, I am pleased to rise in this House today to oppose this bill. It is a particularly glaring example of how this government thinks it has a monopoly on good ideas and that no one else has any, especially not the opposition.
Our party has long been calling for changes to ensure greater justice for members of the Canadian Forces. There is no denying that this is the fundamental principle behind this bill and our discussion. Why should a soldier, who is a citizen like anyone else, not have access to a fair and balanced justice system where human dignity is a priority? Whether we are soldiers or not, a person's career choice should have no bearing on the level of justice he or she can expect to enjoy. It is that simple. Changes have to be made.
Unfortunately, this bill does not go far enough and contains measures that are sometimes inappropriate. I would like to point out that it provides for greater latitude in sentencing and introduces new sentences, such as absolute discharge, intermittent sentences and restitution. It makes changes to the membership of the court martial panel according to the rank of the accused, and to the summary trial limitation period and the option of waiving the limitation period at the request of the accused. The responsibilities of the Canadian Forces Provost Marshal and the delegation of the Chief of Defence Staff's powers as the final authority in the grievance process have also been changed.
In light of all these changes, there are questions that must be asked. How is this of benefit to the simple soldier, who needs recourse to a justice system that does not penalize him unduly and does not jeopardize his future after his military career? The proposed changes may even strengthen some of the powers of certain senior levels in relation to the ordinary soldier. We must be sure that our constituents can benefit from measures needed to defend themselves in these situations. The bill appears to be a step in the right direction toward greater standardization of the military justice system. However, it does not address the key issues in reforming the summary trial process and the grievance system and strengthening the Military Police Complaints Commission. These are three things that would give greater strength to ordinary soldiers in our Canadian Forces.
We have supported updating the military justice system for a long time now. Members of the Canadian Forces are subject to extremely high disciplinary standards, and they deserve a justice system that is subject to standards that are just as high.
Nevertheless, we will oppose Bill C-15 at second reading, as it contains a number of shortcomings, which, we hope, will be discussed in committee if the bill is passed at second reading, something that is very likely, given the majority held by the Conservative government. Here are the major amendments that we are proposing.
The amendments to Bill C-15, for instance, do not deal adequately with the injustice of the summary trial process. Currently, a conviction at a summary trial in the Canadian Forces leads to a criminal record. Summary trials are held even though the accused are unable to consult with counsel. There is no appeal, nor is there a transcript of the trial.
Furthermore, the trial judge is the accused person's commanding officer. This is too harsh for some members of the Canadian Forces who are convicted of minor offences. These minor offences include insubordination, quarrels, misconduct, absences without leave, drunkenness and disobeying a lawful command.
We must be very careful, because it is obvious that soldiers, like us, have good days and bad days. They are subject to a great deal of pressure and stress, particularly in combat situations and other difficult situations. It is also perfectly normal that soldiers, who are often very young, should commit minor offences. I am not saying that people are not very smart when they are young, but they may be a little more adventurous and resist authority a little more. It is normal for people to go through this stage of life. Penalizing a soldier who has committed a minor offence by saddling him with a criminal record seems completely unreasonable. We must be absolutely sure that measures are put in place to determine whether or not an offence is a serious one.
Bill C-15 also provides for an exemption so that certain offences will no longer be included in a criminal record, if there is a minor punishment under the act or a fine of $500 or less. That is not necessarily a bad thing. That is one of the positive aspects of this bill, but in our opinion it does not go far enough.
Last March, when Bill C-41 was considered in committee, the amendments proposed by the NDP called for the list of offences that could be considered to be minor to be extended to 27 from five. The question is therefore what is considered to be a minor offence or a major offence. In our opinion, too many offences are considered to be major. The list of offences considered to be minor should be extended to 27 from five, which is entirely reasonable.
In addition, the amendment proposed by the NDP called for the list of sentences that can be imposed by a tribunal without the offender having a criminal record to be extended as well, with the addition of a severe reprimand, a reprimand or a fine of up to one month of basic pay or other forms of minor punishments. I reiterate: one month’s pay.
In speaking with my military constituents, I have realized that they are not wealthy. There is no point in pretending otherwise: an average soldier who is not an officer does not get the highest pay in the world. Their pay cannot be compared in any way with a member of Parliament’s pay. Fining someone a month’s pay is a harsh punishment, particularly when they have a young family to feed. Soldiers often have young families. We have to acknowledge that this is a severe punishment.
As a final point, I will stay on the subject of that amendment, to complete my comments in that regard. That amendment was an important step forward for summary trials. However, since it was not incorporated into Bill C-15, we want it to be included again.
A criminal record can make life after a military career extremely difficult. Having a criminal record can make it very hard to get a job, rent an apartment or travel abroad.
We ask soldiers to make the transition between military life and civilian life, but if they commit a minor offence, they have a criminal record. That is completely illogical.
In conclusion, a bill about military justice has to take into account the fact that our soldiers are also citizens who deserve justice.