Mr. Speaker, I want to assure the Speaker and the hon. member for Selkirk—Interlake that I have no intention to talk about ranching in western Canada or any other matters extraneous to the bill and the legislation before us, which would clearly be irrelevant.
I said that there were a number of amendments, 22 amendments, proposed by us in committee. One of them was very much related to what we have here in the House.
I will say that not a single one of the amendments was accepted by the government members, showing a total lack of flexibility in terms of trying to make a better military justice system.
However, one of our amendments was to remove this power because, as was pointed out, it was a backward step. The accountability framework was put in place as a result of recommendations from the Somali inquiry to ensure that the relationship between the military police and the understanding of its role was in fact spelled out. That is where this came from, and it has been in place for 15 years. No one before our committee, whether they were government officials, the Judge Advocate General representatives or anybody else, indicated that there was any problem with it, that it did not work.
The parliamentary secretary says that the change has been brought to give effect to the accountability framework in legislation because he says it could be gotten rid of at any time. Well, this is taking away one of the most significant parts of this, which would guarantee the independence of the military police, which I think is the important principle at work here.
There is, and there was, as the parliamentary secretary said in his intervention, a long history of trying to seek to change this. We have been part of that. We have been trying to make the bill better and have spoken quite at length in this Parliament, and in the last Parliament, and in committees in both Parliaments, to seek to make this better.
One of the focuses, of course, has been on the criminal records. My colleague opposite referred to the urgency of that because of people getting criminal records. I do not disagree with that, although I would note that provision would be retroactive: it says not only those who have committed particular offences but also those who have been convicted of those offences. I think my colleague would agree that the provision would be retroactive, so if we pass it today or if we pass it tomorrow or next week, anybody who may be convicted of an offence during that period would not get a criminal record because the legislation would have looked after that. We are not certain that it is given effect to properly and we made amendments to see that. However, we will be watching that extremely carefully to ensure that the military men and women who ought not to have criminal records do not in fact have a record lying around somewhere, on some computer, that might affect their future. We are very attuned to that and have paid great attention to it in committee.
The positive aspects of this legislation do include spelling out the role of the Provost Marshal and do include spelling out the principles of sentencing and military justice, which is quite appropriate to do. The positive aspects of this include the possibility of having an absolute discharge, which was not there before, and allowing an intermittent sentence if someone is confined to detention.
There are a number of positive aspects to this legislation that move the bar somewhat forward, but not to where it ought to be.
One thing that came through during the hearings at committee was an overwhelming confidence by the witnesses on behalf of the government. The government witnesses were extremely certain that all the measures that were being proposed were constitutional and were within the Charter of Rights and Freedoms—charter-proof, in fact.
However, that has not been the experience of the military justice system since 1990, when the Court Martial Appeal Court determined that the standing court martial was unconstitutional, that the procedure for selection of mode of trial was unconstitutional and that the general court martial was unconstitutional. These are things that have happened despite the fact that the government took the position that everything was within the Constitution and charter-proof.
We have a concern about that. There is a need for an overall review. This, however, is a backward step and ought not to happen.