Madam Speaker, I am pleased to rise today to speak to this legislation, which will affect a part of Canada's justice system that is largely unfamiliar to many Canadians, including perhaps some members of this House.
Bill C-77 makes important changes to our military justice system, bringing it more in line with our civilian criminal justice system with respect to victims' rights and sentencing for indigenous offenders. It also makes this unique system more effective in dealing with minor breaches of military discipline.
Our government and the Canadian Armed Forces are committed to maintaining a military justice system that is fair, modern and robust. Canada maintains a military justice system that is separate from, but parallel to, the civilian system.
Our department has been active on many issues, including military justice reform. We will continue making equity and modernization a priority as we go forward implementing these important initiatives.
Canada has a world-class military justice system, which goes a long way toward helping the Canadian Armed Forces to accomplish their missions in Canada and throughout the world. The system reflects Canadian values and upholds the rule of law while meeting the unique needs of the military.
Some people may wonder why we have a military justice system. The reason is clear. Simply put, we need such a system to maintain discipline, efficiency and morale among those responsible for protecting Canadians, our values and our national interests.
There are many things that ordinary citizens can get away with doing without being sanctioned, even though those things may be inappropriate or even go contrary to relatively minor federal, provincial or municipal laws or regulations. However, it can be a lot more serious if a soldier does the same thing, particularly when he or she is participating in a military operation. A simple act of insubordination can compromise the cohesion of a military unit that must operate at the highest level of efficiency and solidarity. I am not exaggerating when I say that people's lives may depend on it.
Canada's military justice system is rooted in centuries of practice around the world. Monarchs, army generals and political leaders have long recognized the importance of having a disciplined military.
Just one year after Confederation, the new Parliament of Canada adopted the Militia Acts, which integrated the British Army Act into Canadian law. The Canadian Forces Legal Branch was created in 1918, just a few months before the end of the First World War. This was no coincidence. Canada's key role in the ensuing allied victory was a source of increased self-confidence.
From that point on, our military justice system evolved gradually, more specifically with the increased involvement of our military lawyers in courts of law. However, it was always clear that the commanders controlled the martial law system, and they primarily used it as a tool to enforce discipline. The military lawyers representing the Canadian Forces Legal Branch were simply there to advise tribunal members on procedure and evidence and to look for errors in law.
The first big change came after the adoption of the National Defence Act in 1950, which brought the military justice system closer in line with the civilian criminal justice system.
For instance, the act authorized appeals to the Court Martial Appeal Court and brought many penalties into line with those handed down in the civilian system. Only minor amendments had been made by the time two momentous events shook up the system in the early 1980s.
The first was the enactment of the Canadian Charter of Rights and Freedoms in 1982. Another reform stemming from a charter challenge allowed the accused person to choose between trial by a military judge alone or by a judge and a panel of military members.
All of these challenges led to a radical change that caused the system to stray from its primary objective, which is to help commanders maintain discipline. This gave rise to a complex, polished system that has adopted many of the characteristics of the civilian system, which is, of course, one of the most widely admired systems in the world.
Bill C-77 is the latest step in this process of evolution. If passed, it will make the military justice system fairer and more effective, without neglecting its key role of maintaining discipline and morale.
I firmly believe that the military justice system will remain an indispensable aspect of the armed forces for many years to come.
By passing Bill C-77 to improve and modernize this system, we will be helping the Canadian Armed Forces continue to meet their many crucial objectives, both in Canada and abroad.