moved:
Motion No. 10
That Bill C-11, in Clause 40, be amended by
(a) replacing lines 17 to 19 on page 29 with the following:
years but may be subject to remedial or disciplinary measures in accordance with section 249.181.
(b) replacing lines 22 to 24 on page 29 with the following:
(4) On receipt of a request referred to in subsection 249.181(1), the Governor in Council may, if the Governor in Council is of the opinion that there are exceptional circumstances that justify it, suspend the Director of Defence Counsel Services from office until the Governor in Council decides whether to impose any remedial or disciplinary measures.
(5) For the purposes of subsection (4), “exceptional circumstances” include circumstances in which there are allegations of serious misconduct or allegations related to a risk to occupational health and safety or to a risk of injury to international relations, national defence or national security.
249.181 (1) The Minister may request of the Governor in Council that an inquiry be held to determine whether the Director of Defence Counsel Services should be subject to remedial or disciplinary measures for any reason set out in paragraphs (12)(a) to (e).
(2) On receipt of a request, the Governor in Council may appoint a judge of a superior court to conduct the inquiry.
(3) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to
(a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produ
(b) administer oaths and examine any person on oath.
(4) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.
(5) Subject to subsections (6) and (7), the inquiry shall be conducted in public.
(6) The judge may, on application, take any measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that
(a) there is a real and substantial risk that matters involving international relations, national defence or national security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(c) there is a serious possibility that the life, liberty or security of a person will be endangered.
(7) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (6).
(8) The judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that they consider credible or trustworthy in the circumstances of the case.
(9) An interested party may, with leave of the judge, intervene in the inquiry on any terms and conditions that the judge considers appropriate.
(10) The Director of Defence Counsel Services shall be given reasonable notice of the subject matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.
(11) After the inquiry has been completed, the judge shall submit a report containing their findings and recommendations, if any, to the Minister.
(12) The judge may, in the report, recommend that the Director of Defence Counsel Services be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the Director
(a) has become incapacitated from the proper execution of that office by reason of infirmity;
(b) has committed misconduct;
(c) has failed in the proper execution of that office;
(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office; or
(e) no longer satisfies the minimum standards and conditions of service applicable to officers.
(13) The Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the Director of Defence Counsel Services without pay, remove the Director from office or impose any other disciplinary measure or any remedial measure.
Motion No. 11
That Bill C-11 be amended by deleting Clause 40.1.
Motion No. 12
That Bill C-11 be amended by deleting Clause 40.2.
Motion No. 13
That Bill C-11, in Clause 60, be amended by replacing line 9 on page 40 with the following:
graphs 70(d) to (h) of the National Defence
Motion No. 14
That Bill C-11, in Clause 61, be amended by replacing line 18 on page 40 with the following:
fence referred to in any of paragraphs 70(d) to