Madam Speaker, I thank the hon. member for Davenport for sharing her time with me today.
I stand today in support of Bill C-77, which would bring important changes to Canada's military justice system, including greater support and new statutory rights for victims of service offences.
During today's debate, I will focus my remarks on one specific aspect of the legislation: the proposed reform to the military's summary trial process. These changes would enhance the efficiency of the military justice system. They would preserve the current responsiveness of the system in maintaining discipline, while simplifying the process of dealing with more minor breaches of military discipline.
Our military justice system is unique and necessary. It contributes significantly to the ability of our armed forces to achieve its mission here at home and around the world. It does this by assisting military commanders in maintaining discipline, efficiency and morale.
In Canada we hold our military members to a high standard, a standard which is also different from what we expect from a civilian. These men and women not only serve our country,they also represent it within our borders and abroad. Their discipline affects not only the operations of the Canadian Armed Forces, but also our reputation as a great country throughout the world. They are expected to conduct themselves accordingly. They must reflect the best of us. In times of peace and armed conflict, the foundation of military efficiency and excellence is an adherence to law, a commitment to discipline and obedience to authority. Rules must be obeyed. The chain of command must be respected. Breaches of military law must bring consequences for the greater good of the military and all Canadians.
Serious breaches of military discipline are handled by courts martial. This would remain unchanged under the proposed legislation as courts martial would retain the sole jurisdiction over service offences. However, Bill C-77 would change and improve how minor breaches of military discipline are handled. It would replace the current summary trials process in the Canadian Armed Forces with a new system of summary hearings to better ensure minor breaches are heard and ruled on in a fair and timely manner.
In Canada we take pride in being a global leader in the development of a fair and effective military justice system. Bill C-77 demonstrates that continuing commitment by enhancing the rights of victims and the efficiency of our military justice system. Historically, summary trials have made up over 90% of all tribunals and courts martial have made up the remainder. This system was established under military law to ensure justice in respect of minor service offences. The proposed summary hearing process seeks to enhance the efficiency of the military justice system. It would do so by creating a process which deals with minor breaches of military discipline quicker and more simply.
The new process would be non-penal, non-criminal in nature. It would focus exclusively on minor breaches of military discipline. Hearings would be conducted fairly, more rapidly and by a wider range of military officers. The summary hearing process would maintain the current responsiveness and enhance the overall operational effectiveness of the Canadian Armed Forces. It is about ensuring that we, as a country, adapt with the times and continue to respect the guidance the Supreme Court of Canada provided us some 25 years ago. At that time, it noted, “To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently.”
The proposed reforms would also show trust and confidence in our military leaders. By improving the chain of command's ability to address minor breaches of military discipline, we would contribute to improving the efficiency of the system and the operational effectiveness of our armed forces.
It is important to emphasize to this House and Canadians that these new summary hearings would focus exclusively on minor breaches of military discipline. These minor breaches would be called service infractions and would be created in regulation. They would not be considered criminal offences and would be dealt with at the unit level. They would be punishable by one sanction or a combination of sanctions, including reduction in rank, reprimands and deprivation of pay. More serious breaches of military discipline, known as service offences, would continue to be tried under our system of courts martial.
To further increase efficiency, the officers who conduct summary hearings would have an extended jurisdiction so that they are able to conduct a hearing for persons of all ranks as long as the officer conducting the hearing is at least one rank higher than the person charged.
The Supreme Court has affirmed on a number of occasions that our military justice system is necessary to meet the needs of our Armed Forces. It falls to the government of the day to ensure that the military justice system is configured to help ensure the highest standards of conduct and discipline. This is required so that our Armed Forces are ready at all times to act decisively and effectively in service to their country.
Military justice must evolve just as civilian justice changes with the times. The proposed changes I have outlined today are about making the military justice system simpler, more effective and more efficient. They are about ensuring that minor and serious breaches to discipline are dealt with in accordance with their respective character.
The new summary hearing process would help ensure discipline and preserve morale at the unit level by issuing sanctions that are corrective in nature but do not involve detention or a criminal record. It would allow the chain of command to address minor breaches fairly and more rapidly, which in turn would contribute to the operational effectiveness of the Canadian Armed Forces.
In summary, Bill C-77 would create a faster, fairer and more flexible process to handle minor breaches of military discipline, a process that reflects our Canadian values while supporting the unique needs of the Canadian Armed Forces.
Since launching the new defence policy, “Strong, Secure, Engaged”, our government has been improving support for the Canadian Armed Forces and the men and women who serve. Bill C-77 would further contribute to an effective military that is ready to defend and protect Canadians at home and abroad. This is a good law, and I look forward to seeing it passed by this House.