First, Mr. Speaker, to clarify a point of principle, because it was not made by the member opposite at several points during his speech, when Canadians join the Canadian Forces, they do not waive their rights; they join to defend our rights, and they absolutely enjoy the same rights of other Canadians under the civilian justice system and under the military justice system. That has been confirmed by eminent Canadian jurists time and time again.
Second, on a point of fact, in the summary trials system the accused does have access to defence counsel services from anywhere in the world—from any location, any foxhole, however obscure, in any part of the world, 24 hours a day, 7 days a week. That is one of the benefits of the summary trial system.
When did the Liberal Party lose its faith in the summary trial system? It existed throughout many decades of Liberal governments and which existed while the Liberals were in government for 20 years, since the enactment of the Charter of Rights and Freedoms and its entrenchment, and whose constitutionality was recognized even by Chief Justice LeSage in his most recent report on the military justice system? He said:
—regarding the constitutionality of the summary trial process, I am satisfied, as was former Chief Justice Dickson, that “the summary trial process is likely to survive a court challenge as to its constitutional validity”.
Why is the member opposite taking a position he did not take during previous consideration of the bill? I do not think it was taken in previous Parliaments by the Liberal Party.
He is suddenly elevating the rather eccentric views of a single defence counsel from Toronto, who, by his own admission, has almost no experience of the military justice system, as gospel about the constitutionality of a military justice system that has survived challenges. That constitutionality has been upheld by some of the best legal minds we have had. Why is the Liberal Party suddenly in an entirely different and quite eccentric place on this issue?