Forty-five? Again, we do not have a good count of the reservists.
We know that even though the strategy was put in place, this continues to be a serious challenge for the Canadian Forces. It is a challenge, obviously, on the humane grounds of taking care of those we ask to do difficult and dangerous work.
...it is disturbing that even today under paragraph 98(c), a service member could face life imprisonment for attempted suicide. It would be more appropriate to consider self-harm under such circumstances as being symptomatic of a serious and urgent mental health concern, and signalling the need for appropriate and immediate medical intervention.
She is calling on us to make sure those supports are available, to make sure those barriers are removed. She said very clearly:
There is no benefit to leaving paragraph 98(c) in the National Defence Act, nor is there a downside to removing it. In my heart, I believe it is morally responsible [to remove this section].
I do not mean to be too crass here, but it is also a challenge when we invest in people to serve Canada and the result of that service is that we lose their skills and their contribution because of mental health problems.
The Canadian military has said it is committed to removing obstacles to providing mental health assistance for those who need it in the Canadian Forces. When the bill came to committee, I moved an amendment to it that would remove the largest symbolic and practical barrier to providing mental health assistance for those who are considering self-harm. That is paragraph 98(c) of the National Defence Act, which makes self-harm a disciplinary offence.
When I talk to people outside the Canadian military, their reaction to this situation is that 30 years ago, in civilian life, we moved way beyond regarding attempted suicide as the fault of the individual and began to treat it as a mental health issue, as an illness that could be dealt with and treated.
In the National Defence Act, to which all recruits are trained, it says self-harming is a disciplinary offence. In practice, when I talk to leaders within the military, I hear that this measure is not used very often and is rarely applied, but the fact that it exists and presents self-harm as a disciplinary offence creates on onus on the individual not to seek help, because what they are considering may become not just a mental health issue but a blot on their military career. It creates another obstacle to reaching out for help.
We heard moving testimony from witnesses at committee, including Sheila Fynes, whose son died by suicide while serving in the Canadian Forces and who did not get the help he needed despite repeated attempts to harm himself while serving. Instead he was subjected to discipline several times as the solution to his problems, instead of being recognized as suffering from a mental illness and receiving the treatment he needed.
Ms. Fynes is most dignified and has resisted all tendencies to become bitter about what happened with her son, instead working tirelessly with 161 other families of those who died by suicide to try to make sure this does not happen to any other families. Here is what she said at committee:
Other witnesses spoke from their experience within the Canadian military as commanders who faced these crises. One of those was retired Lieutenant-Colonel Jean-Guy Perron, who appeared before the committee last November, noting that paragraph 98(c) refers both to self-harm and also to asking someone else to do harm. He said clearly that there is no downside to removing section 98(c) as it refers to self-harm and went on to say that if the worry is about someone in the armed forces asking someone else to harm them, that's already covered by lots of other regulations. Assault is the main one that would apply. If a serving member asks someone else to harm them so they can get out of service, that person is already guilty of offences if they carry it out. He saw no downside to removing this section.
The Judge Advocate General's office made it clear that this section is rarely taken through the formal process. In other words, it is not used very often. However, the fact that it makes it a disciplinary offence means that it is sometimes applied at the command level. I think there was only one case in the last 10 years of someone being prosecuted for self-harming through the military justice system, but the fact that it is there as a disciplinary offence allows lower-level decisions that apply discipline rather than assistance to these mental health issues.
It was a big missed opportunity. The Liberals, as I mentioned, argued that it was outside the scope of Bill C-77 to remove this section of the National Defence Act. That was a very technical argument and one that is very difficult for me to accept, in that Bill C-77 already amended eight other sections of the code of conduct, so it would have been very easy for the committee to decide to proceed with this amendment.
Although the Liberals have not done so and the bill is now before us without my amendment, I still support the bill. I think there are many positive things in it. However, I have introduced a private member's bill, Bill C-426, which does the same thing. It is a very simple bill. It suggests taking paragraph 98(c) out of the National Defence Act.
The Liberals argued at committee that doing it at committee was not the right way or the right place, but they were sympathetic, so my challenge to the Liberals now is this: If the committee was not the right place to amend Bill C-77 in this way, will they join the Conservatives and the New Democrats in now supporting my bill to take this section out of the National Defence Act and remove one of the major barriers preventing those who are suffering with mental illness from getting the treatment and help they need?
With that, I will conclude my remarks, and I will be happy to take questions.
I am happy the bill is moving forward. I am happy it is going to be done before we go to another election so that we do not have a further delay on victims' rights in the military justice system, but I remain disappointed that we have missed a big opportunity to do something about the crisis of death by suicide in the Canadian Forces.