Mr. Speaker, it is indeed an honour and a privilege to rise today on an issue of such importance to the men and women of our armed forces.
The legislation we debate here today has as its pith and substance the modernization of military justice. It is an attempt to better harmonize the rules of legal procedure that guide the administration of justice for the Canadian armed forces with the laws of Canada in their civilian application.
Perhaps the House will permit me this opportunity to pay tribute to the men and women of the office of the Judge Advocate General, the guardians of justice in uniform. The JAG officers are a vital component of our armed forces and an important part of our military community. They are soldiers on the front lines of the law and in a field of practice that is often as hazardous as any endured by the infantry, the artillery and the armoured corps.
The men and women of the JAG office frequently are deployed to the most dangerous places on the globe, tasked with the mission of ensuring that justice is done. Bill C-35, hopefully, would help the JAG and military judges in all their important work.
The legislation has two distinct components, both of equal importance. On the one hand, the legislation seeks to better regulate the rate of pay for military judges. On the other hand, it clarifies the procedural and evidentiary rules regarding the taking of bodily samples. While these might seem to be areas of limited administrative importance, they are in fact issues of great constitutional importance.
Speaking to the first area of the legislation, that of regulating the rate of pay for military judges, the Supreme Court of Canada has indicated repeatedly that the remuneration of judges is a key component in preserving judicial independence.
The guiding principles of our Constitution require that we establish impartial courts for the proper administration of justice. This historic requirement has been given new life under the Charter of Rights and Freedoms. Indeed, it is section 11(d) of the charter that guarantees that any person charged with any offence has the right to be presumed innocent until proven guilty according to the law in a fair and public hearing by an independent and impartial tribunal.
In light of this important constitutional principle, the courts have indicated repeatedly that to be truly independent of the executive and legislative branches of government, the judiciary should not appear to be dependent on them for proper pay and remuneration. To be certain, there must not even be the appearance that their decisions could be affected by changes to their rate of pay.
Given this explicit and important link between the remuneration of judges and the constitutional right to an independent judiciary, we in the House have a very serious and clear obligation to monitor any legislation that would seek to affect the rate of pay of judges. Given that this protection has been extended to all citizens, let it be especially so for the most courageous citizens in our country, the men and women of the Canadian armed forces.
That Bill C-35 seeks to ensure that changes to the Treasury Board guidelines have retroactive effect is therefore an important amendment. That the pay of judges, in this case military judges, is a matter of a formula and not the product of negotiations between branches of government is of clear and undeniable importance.
The bulk of the legislation, however, relates to an area of equal importance, and that is the proper legal authority for a peace officer to take samples of bodily substances
I know that I do not need to convince my colleagues here today of the importance of forensic science in the administration of justice in the 21st century. The vast potential of science has been an invaluable partner in the area of criminal investigation for more than a century but it is the constant advancements in the area of DNA analysis that has been the biggest boon to criminal investigation since the discovery of the fingerprint.
As in all areas, the evolution of science must walk side by side with the continued stability of our rights and freedoms. Given the tremendous weight given to DNA evidence in criminal procedures, it is vital that there is administrative fairness in both its collection and analysis.
Both sections 7 and 8 of the charter offer protections relevant to this discussion.
Clause 7 protects life, liberty and the security of the person. It ensures that any intrusion into the right of the person with respect to their body, a fact that includes bodily samples, is minimal and only in accordance with a proper legal authority.
Clause 8 protects against unreasonable search and seizure requiring that only a properly executed and lawful warrant can compel an accused to submit to a search or have his or her property seized.
Bill C-35 seeks to give greater clarity to the issue surrounding the taking of body samples. I believe that given the greater constitutional importance attached to it, we have an increased burden to put the bill under a legislative microscope. I have great confidence that the Standing Committee on National Defence and Veterans Affairs will do so clause by clause, analyzing all the legislation.
I have spoken at length this afternoon about the important considerations that have been outlined by the courts of the country with respect to the proper application of the Charter. I know I do so at a time when some in our country, indeed many in the chamber, are concerned about the role of the judiciary in the development of the law. The debate is one of great importance and significance to all of Canada.
I believe that both sides and all parties in the House will agree that we have a special duty as lawmakers to ensure that the legislation we pass is not only lawful but also good law. We have here an important obligation to not only improve laws but to improve lives.
When we debate an amendment to existing legislation, we have a duty to ensure that we consider whether the lives of those affected will be improved as a result of our action. To that end, I hope we would all agree that our duty extends to ensure that we consider the potential legal ramifications of our actions in relation to decisions we have seen passed by the courts of this country.
I am the first to recognize that the administration of military justice is different than that of the administration of civilian justice. Those differences speak to the unparalleled importance of our military and its function in the world. They are a reflection of the commitment of our men and women in uniform who have made Canada.
If it can be said that they have a sworn duty to protect us, surely then we must say to them that we have a sworn duty to protect them.
Although the bill in the consideration of the House speaks to military justice, not military funding, it would be remiss of me today in my duties if I did not mention and declare a continuing need for better funding of our military.
Between the 1993-94 fiscal year and the 1998-99 fiscal year our military budget fell 22%, from $12 billion to $9.4 billion. In the same period the operational tempo of our armed forces, this is to say that the ratio of time spent on deployed missions, rose from 6% to 23%, an increase of almost 400%.
The funding gap has hurt our military. Members of the military are required to use equipment that is 30 to 40 years old. They are restricted in the amount of training they can received. They are limited in their potential, not by their courage, not by their compassion or not by the commitment of the personnel, but by the scarce resources at their disposal. We have let them down. The government has let them down.
We speak today about improving military justice but we should be talking about doing our military justice by ensuring that the members of the military have the tools and equipment necessary to do their jobs.
Some of the Liberals on the government benches, perhaps most noticeably those either currently or formerly part of the cabinet, have recently begun to call for better treatment of our military. The former finance minister has even called for an increase in military funding, notwithstanding that he was the one with the hand on the knife when the government made vicious cuts to the DND budget. Better treatment of our military should be a firm commitment, not a campaign promise.
In closing, if I had my way, we would spend a portion of each day debating how we can improve the conditions of our military and its personnel.
While Bill C-35 addresses important issues, it does not address all the important issues facing the Canadian armed forces. We have much work to do here before we rise and I hope that the rumours about leaving early are false, especially at a time when we are prepared to send so many of our men and women to serve in a dangerous and unstable part of the world. That of course is the height of hypocrisy.