Chris Alexander

[Strengthening Military Justice in the Defence of Canada Act, April 30th, 2013]

Mr. Speaker, it would certainly help matters if in the debate on military justice the member opposite was not, again, misinforming Canadians about the status of an important procurement project, the replacement of the CF-18s, which is going ahead under a seven-point plan. The options analysis will come forward for everyone's consideration in due course.

However, we are talking here about military justice. I beg to differ with the member opposite, who claims that the system may be unconstitutional and that the National Defence Act is a relic. This reflects upon the lack of respect the New Democratic Party has for our military system. Our National Defence Act is one of the best such framework documents of any military in the world, and international experts recognize it as such. About two-thirds of it relates to the military justice system.

Does the member know what former Chief Justice Lamer said about that system? He said:

Canada has developed a very sound and fair military justice framework in which Canadians can have trust and confidence.

On the question of summary trials, former Chief Justice Brian Dickson said:

The requirement for military efficiency and discipline entails the need for summary procedures. This suggests that investigation of offences and their disposition should be done quickly and at the unit level.

The constitutionality of this system, the requirement for it to maintain morale and operational efficiency, is recognized by the Charter of Rights and Freedoms. We did not hear these doubts about the constitutionality of the military justice system from the NDP in committee. We certainly did not hear it at second reading. Why are we hearing it now?

Second, if I can add one more question on the amendments the NDP proposed, with regard to compensation being authorized by the Chief of the Defence Staff, that would have involved amendments to other pieces of legislation. We are dealing here with the National Defence Act.

Limiting the grievance board to having civilians in 60% of the positions is not something we, as a government, want to do, because it would excluded former military members. We want former military members to have access to jobs across the country, to apply their talents and to not to be excluded.

Why this late concern about the constitutionality of a system that has been recognized as absolutely legal, and indeed admired, around the world?

Second, why is the member, with this speech and with the continuation of debate, delaying the enactment of those important measures that we know would improve the military justice system for our men and women in uniform?

[Strengthening Military Justice in the Defence of Canada Act, April 29th, 2013]

Mr. Speaker, I would note that the world continues to be inspired by the Universal Declaration of Human Rights as well as the Canadian Bill of Rights enacted by Mr. Diefenbaker. Those too are anchors of our judicial system, just like the Charter of Rights and Freedoms.

However, the real question is this. Why is the Liberal Party changing its position, or is without a position?

On the one hand, the Liberals are saying that the summary trial system is incompatible with the charter. On the other hand, for 15 years, when they governed under the charter, they did nothing to change the situation.

Second, some of the speeches today seem to imply very ambitious amendments, which were either not made by the Liberal Party or not supported by Liberals in committee. Why are they coming at this late date?

Third, when did the Liberal Party stop being inspired by and guided by Canadian legal excellence and start being guided by Lithuania?

Former Chief Justice Lamer, former Chief Justice Dickson, former Chief Justice Lesage have all agreed that the summary trial system, as updated in this bill, would serve Canadian men and women in uniform extremely well. Why does the Liberal Party not think so?

[Strengthening Military Justice in the Defence of Canada Act, April 29th, 2013]

Mr. Speaker, to clarify, the Liberal Party in the past, like us, has accepted the authority of former senior members of the judiciary, such as Justice Dickson, Justice Lamer and Justice LeSage, who have served at the highest levels with either the Supreme Court of Canada or the Superior Court of Justice in Ontario. None of them have recommended that the summary trial system be dispensed with. None of them have said that it is unconstitutional or contrary to or at odds with the Charter of Rights and Freedoms. We now have the Liberal Party suddenly claiming support for the charter while ignoring the advice of these eminent jurists, who are great champions of the charter itself. It seems to me that the Liberal Party on this issue, as on so many, no longer has a position.

We just heard the member for Cape Breton—Canso say that Bill C-15 would strengthen the role of the grievance board. It would give it more independence and give it a new name. The member for Vancouver Quadra said that there was no such change in the bill.

It is clear that the Liberals are improvising. They are making up these changes that were never spoken about in committee. Why is that? Why delay the modernization of our military justice system and disregard the sage advice of eminent—

[Strengthening Military Justice in the Defence of Canada Act, April 29th, 2013]

Mr. Speaker, I have to begin by saying that many of us on this side of the House, on the government benches, are taken aback by the member's speech and the other speeches we have heard today from the Liberal Party members. While the member for Vancouver Quadra may have prided herself on running a leadership campaign that was pretty far to the left, many of her proposals today are actually more extreme than those proposed by the NDP in committee or at any other stage of this debate.

My question is: If she thinks the summary trial system is unconstitutional, does not cohere with the charter, then why did the Liberal Party not do something about that during the 15 years it was in government under the charter and with this military justice system?

Second, why were these points not raised in committee by the Liberal Party? Why are we suddenly, at report stage, hearing these radical musings from Liberal members about our military justice system, which never came up in committee?

Also, why are they relying on only two witnesses—two witnesses who took extreme positions?

Why are they delaying necessary changes, modernization updating in the military justice?

Finally, why do they not take pride in a military justice system that, as part of our larger justice system, is the envy of the world?

[Strengthening Military Justice in the Defence of Canada Act, April 29th, 2013]

Mr. Speaker, once again we have a speech from the Liberal Party in which it is not clear what proposals and specific changes to the bill the Liberals would be looking for at this stage, after literally 10 years of consideration of many of these proposals, after exhaustive consideration in committee, where the Liberal Party is still represented, and after exhaustive consideration in this House.

My question for the hon. member is this: why continue this debate, which is in fact delaying the day on which Canadian Forces members who now face a criminal record for minor offences might no longer carry that criminal record into civilian life? Why is the hon. member delaying that?

Second, why is the hon. member challenging the whole summary trial system? It is a cornerstone of the military justice system, and its constitutionality has been accepted, even with the different rules of evidence and the lack of appeal to which he has referred. Is he proposing at this late stage to demolish the whole military justice system?

[Strengthening Military Justice in the Defence of Canada Act, April 29th, 2013]

Mr. Speaker, the hon. member has noted that the changes to the military justice system to update it and modernize it have been a long time coming. However, his speech makes it clear that he has not been following the debate in all of its breadth and depth over recent months. Could he confirm to the House that he understands that the Canadian Charter of Rights and Freedoms actually explicitly recognizes a place and the constitutionality of an independent military justice system?

Could the member also confirm to the House that the changes foreseen in Bill C-15, which would ensure that continuing constitutionality and would ensure, for example, that a wide range of offences would no longer generate criminal records, are urgently needed and that the only thing standing between those changes, which the members supports, and their enactment is this debate? Is it not now urgent to move on from report stage to adoption of the bill so our men and women in uniform can benefit from the improvements to the military justice system foreseen in Bill C-15?

[Foreign Affairs, April 26th, 2013]

Mr. Speaker, Canada was proud to support France's efforts to strengthen stability in the region so that Mali does not once again become a safe haven for terrorist organizations.

Our officials and the Canadian Armed Forces will continue to work with their French colleagues in this regard, and we will respond to any requests we receive. However, Canada has no plans for a military presence in Mali.

[National Defence, April 26th, 2013]

Mr. Speaker, as the member should know, each mission's hardship and risk levels are set and reviewed at least every six months by an arm's-length committee composed of officials from the Canadian Armed Forces, with representation from the RCMP and the Treasury Board. He knows that the government is publicly asked that hardship and risk rates for deployed personnel be reviewed. The statement of the Chief of the Defence Staff is available in both official languages. I am happy to table it. It is on the website as well.

However, it is curious that the NDP only raises the question of Afghanistan at times when our officials have made a decision and it does not like it, and we do not like it either, after having voted against—

[National Defence, April 26th, 2013]

Mr. Speaker, with regard to payments for our brave troops in Mazar-e-Sharif, the minister has told his department to take action to ensure that troops deployed there are not penalized because of an administrative error.

Why is the NDP taking an interest in Afghanistan now, after it voted against the mission at every step?

[Battle of York, April 26th, 2013]

Mr. Speaker, 200 years ago tomorrow, an American squadron of over a dozen vessels lay off the mouth of the Humber River. As the sun rose over Lake Ontario, it sent 1,700 American soldiers ashore in the first amphibious landing in U.S. military history. They were opposed at first by aboriginal warriors, Mississaugas, Ojibwa, and Chippewa. Later they were charged with bayonets fixed by the Grenadier company of the 8th Regiment of Foot.

York and Toronto were lost that day to Britain and to Canada.

Almost 100 British Canadians and aboriginal warriors, as well as 50 Americans, died. A lot of properties, including the first designated provincial parliament buildings, were burnt.

The Town of York counted barely 700 souls in those days, but at the Battle of York, Toronto, like Moscow before it and Washington afterwards, became one of many cities around the world scorched by the fire of the Napoleonic Wars.

In defeat, Canadians found common cause. The fight for Canada forged a new nation. The last two centuries have given us the greatest bilateral economic partnership in history. I invite all members and all Canadians to join first nations and the regiments of Toronto in celebrating the Battle of York tomorrow.