Craig Scott

[An Act Respecting Democratic Constitutional Change, January 28th, 2013]

moved for leave to introduce Bill C-470, An Act respecting democratic constitutional change.

Mr. Speaker, I wish to introduce an NDP bill, seconded by the hon. member for Trois-Rivières, concerning democratic constitutional change.

This bill would replace the Clarity Act, which is a very limited interpretation of the Supreme Court's opinion on secession. Our bill, in contrast, is based more closely on the principles expressed by the court. The bill also reflects this House's recognition that Quebeckers constitute a nation within Canada.

This bill shows that the NDP is focused on the future. We are working to build a stronger Canada that recognizes and includes Quebec as an essential part of our federation.

We believe that a stronger Canada cannot be imposed, nor can it be achieved by divisive policies. This is our vision of democratic federalism.

(Motions deemed adopted, bill read the first time and printed)

[Strengthening Military Justice in the Defence of Canada Act, December 11th, 2012]

Mr. Speaker, I ask the member to forgive me, but it is too early in the morning for me to respond in French this morning without having a coffee.

There is another issue, which is not just what happens in the summary trials but how we get to the summary trial. With summary trials, by and large a member of the forces is presented with this semi-nudge-nudge-wink-wink option in cases where he or she is supposed to be able to choose between an indictable and summary offence. It is understood that the member is expected to choose the summary offence and take it like a man, excuse me for saying, and then simply reintegrate into his unit.

There is a great scene in the second episode of the series Band of Brothers showing exactly that process, where a commanding officer expects a subordinate simply to cave in and accept summary conviction proceedings. The subordinate actually resists, signs off and says that he wants an appeal and to go to court martial.

The number of subordinates who have that kind of backbone to resist a commanding officer in those circumstances has to be minuscule. Therefore, it is not just the issue of what happens, the lack of counsel and everything else, but how the person gets there. There is no real choice in so many contexts, and they are expected to simply knock themselves over into the summary conviction process.

[Strengthening Military Justice in the Defence of Canada Act, December 11th, 2012]

Mr. Speaker, I completely understand the dilemma any party has faced in deciding whether to support bill in principle or oppose it and hope that things can be pushed through at committee.

My experience so far in the House is that at the moment, the way committees are working, very little that opposition members propose in going to the heart of problems with bills ends up being addressed. We have to look at that in advance. We cannot simply say there is a general principle that we support and that there are also serious flaws that we hope to work out at committee. We will work at committee, but these serious flaws undermine the very purpose of the bill.

[Strengthening Military Justice in the Defence of Canada Act, December 11th, 2012]

Mr. Speaker, I am honoured to rise after many of my colleagues have spoken in the last few months to Bill C-15 on military justice.

In 2003, the Right Hon. Antonio Lamer, who was the former Chief Justice of our Supreme Court, presented his report containing an independent review of the National Defence Act. That report contained 88 recommendations pertaining to military justice, the Military Police Complaints Commission, grievance procedures, the Provost Marshal and so on.

The bill is the legislative response to these recommendations. Thus far, however, only 28 recommendations have been implemented in legislation, regulation or by a change in practice.

In 2010, Bill C-41 was introduced to respond to the Lamer report, and in essence this bill is similar to Bill C-41 that came out of committee in the previous Parliament. The amendments carried over include court martial composition and military judge security of tenure.

However, other important amendments—and it is really important that we all be aware of this—that passed committee stage at the end of the last parliamentary session did not end up in the bill. These include the following three NDP amendments that I will mention.

First, the authority of the Chief of the Defence Staff in the grievance process: This was amended clause 6 in Bill C-41, responding directly to Chief Justice Lamer's recommendation. That is not here.

Second, changes to the composition of the grievance committee to include a 60% civilian membership: This was an amended clause in Bill C-41. Again, this is not in Bill C-15.

Third and finally, a provision ensuring that a person who is convicted of an offence during a summary trial is not unfairly subjected to a criminal record: This is amended clause 75 in Bill C-41. This last amendment from Bill C-41 that did not reappear in the bill will be the main focus of my own remarks.

The NDP will be opposing the bill at second reading. However, we do hope that some of these shortcomings that I will be emphasizing, and have been emphasized by some 50 or 60 of my colleagues in the House, will be looked at seriously. The practice of committees of the House will vary somewhat in this case, I hope, and some amendments will come back at third reading.

I want to clarify that the amendments to Bill C-15 do not adequately address the injustice of summary trials. Summary trials are by far the most used military tribunal within the military justice system. The purpose of a summary trial is to deal with minor military-related offences. The objective is to quickly deal with alleged offences within the unit, so members can be returned to active service as quickly as possible, which helps promote and maintain discipline within the unit.

In his brief, Colonel Michel Drapeau stated that the summary trial was the most frequently used disciplinary method to deal with offences committed by Canada's military personnel. In 2008-09, 1,865 cases in total—96%—were resolved through summary trial, while only 67 cases—4%—were heard through court martial.

The amendments in Bill C-15 do not adequately address the unfairness of summary trials. Currently a conviction of a service offence from a summary trial in the forces can result in a criminal record. Summary trials are held without the ability of the accused to consult counsel. There are no appeals, there are no transcripts of the trial and the judge is the accused person's commanding officer.

This reflects an undue harshness when certain members of the forces who are convicted of various minor service offences end up with a criminal record, leave the service at some point and enter into society, with a criminal record and everything we know that can imply for their prospects, whether it is looking for jobs or advancing in the educational sphere. The fact that people have criminal records can sometimes be looked at when they want to upgrade their education.

Some of the minor service offences include insubordination, quarrels, disturbances, absences without leave, drunkenness and disobeying a lawful command. These, by definition, could be extremely important matters to military discipline, as we can imagine, every one that I have just listed. Discipline and efficient functioning of a military unit has to be at the very core of how the military functions, and we can see how these could be of great instrumental concern to the military. However, they are not worthy of a criminal record, I suggest.

Bill C-15 makes exemptions for a select number of offences if they carry a minor punishment, which is defined in the act, or a fine less than $500. These would no longer result in a criminal record. This is to be welcomed, but my point is that the recommendations in Chief Justice Lamer's report and the NDP amendments in Bill C-41 have to be taken seriously. We have to go further.

What we propose, by increasing from 5 to 27 the number of offences that would be exempt from a criminal record after summary conviction, responds to a very serious need in the military to hear that society, outside the military, understands the incredibly tough job people expect of members of the military and the pressures they are under that can often lead to summary conviction trials. People also want to welcome them back into society without the burden that is the worst kind of send-off for their service to our country—namely, a criminal record.

A criminal record can make life after the military very difficult, to put it mildly. It can make getting a job, renting an apartment and travelling very difficult. Imagine having a criminal record and trying to travel to the United States these days. A lot of Canadians would be shocked to learn, frankly, that people who bravely serve our country can get a criminal record from a system that lacks the due process usually required in civilian criminal courts.

I have spoken to my colleague from Repentigny, who has had some experience in the military. He spoke in the House, not by way of a speech but by way of several interventions, and I want to put the interventions on record as part of my speech so they can be integrated into a broader theme.

First, the member for Repentigny stated:

My experience has shown me that soldiers are subjected to conditions that are extremely different from what is experienced in the civilian world.

People are encouraged to join the Canadian Forces in order to gain experience and come out with some incredible tools. I made mistakes, minor ones. It happens to everyone. For example, you go before a superior officer and get charged, fined, patted on the back and told not to do it again. That is part of life's lessons. We are talking about young people who enlist at the age of 18, 19 or 20 and who need guidance. I do not think that providing guidance for minor offences involves encouraging young people to join the Canadian Forces, exposing them to extreme conditions and handing them a criminal record on their way out. That does not work.

In another intervention, my colleague from Repentigny had the following to say:

For the last 10, 15 or 20 years, professionals, members of the military and experts have been requesting changes that should be made.

These amendments were brought forward and agreed to during the previous Parliament. Everyone agreed. Now the Conservatives are proposing half measures by saying that they are going to send the bill to committee for review, but they are not giving any guarantees.

I presume he means any guarantees that they actually will modify in light of common sense.

Finally, the member for Repentigny said something that I think is indeed disturbing, if what he says is true, and I believe it to be true. I spoke to him yesterday to confirm that Hansard is correct. He stated:

Mr. Speaker, being an ex-member myself, I have seen trials that colleagues and friends have gone through and the impact they can have to ruin careers and leave people looking at the military in a certain way but not necessarily understanding the system. I have seen summary trials put onto military personnel in such a way that they were used as a training tool. I think there is a serious problem with this.

That is the understatement of the century.

[Petitions, December 11th, 2012]

Mr. Speaker, I rise to present a petition signed by some 600 citizens who want to draw the attention of the House to the election fraud that occurred during the 2011 federal election about which we know more and more.

The petitioners point out that, due to fraudulent practices, election results have been affected. They request the Government of Canada and the Prime Minister to call an independent, fully empowered commission of inquiry, preferably a royal commission, alongside the Elections Canada investigation in order to determine exactly what happened.

I applaud Tara and Jonathan who worked hard to get all of these signatures, some 2,000 of them. They will also be presented by colleagues in other parties. This admirable grassroots initiative is raising awareness about an issue that speaks to the vulnerability of our democracy to the combined threat of communications technology and unscrupulous people.

The NDP remains committed to finding solutions to fraudulent election calls, like these petitioners.

[Questions Passed as Orders for Returns, December 10th, 2012]

With regard to the announcement made by the Minister of Fisheries and Oceans on May 28, 2012, that “new funding totaling $17.5 million will be allocated over the next five years to four key activities: prevention, early warning, rapid response, and management and control” to protect Canada’s Great Lakes from the threat of Asian carp: (a) in what specific ways will emphasis be placed on initiatives to educate people about the danger of Asian carp; (b) in what specific ways will human beings be prevented from bringing Asian carp into Canadian waters; (c) will public hearings be held in Canada to allow Canadians to provide input to key U.S. decision-makers on combating Asian carp migration; (d) what specific efforts will be made to raise the awareness of Canadians of the potential harm that Asian carp could cause in the Great Lakes; (e) what efforts will the government make to facilitate or mobilize public participation in decision-making concerning Asian carp; (f) what discussions or arrangements have been made by the government to work with American counterparts to develop an extensive early warning and monitoring system to alert officials of signs of any potential problems, along with rapid response protocols for both countries to be able to react quickly should there be signs that they are spreading; (g) when will the extensive early warning and monitoring system be put in place; (h) how does the government envision the extensive early warning and monitoring system working; (i) what discussions or arrangements have been made by the government to work with enforcement agencies to ensure compliance with regulations relating to the transport of Asian carp; (j) what tools will be used to ensure compliance with regulations relating to the transport of Asian carp; (k) what resources will be allocated to compliance efforts relating to the transport of Asian carp; (l) is the government aware of any plans, intentions, or studies with respect to bans on carp in provinces other than Ontario, or in any territory; (m) are there mechanisms in place at the Canada-US border for inspecting vehicles in an effort to assist the province of Ontario’s prohibition on possession or sale of live big head carp in Ontario and, if so, what are they; (n) are the same or other mechanisms in place to inspect for live big head carp at border crossings in provinces and territories outside Ontario; (o) is the government intending or considering an international trade requirement that big head carp only enter Canada after heads and tails have been cut off, in order to ensure fish are dead when crossing the border; (p) are there any regulations on interprovincial trade or transport of live carp, including those reinforcing Ontario’s prohibition on live big head carp in Ontario; and (q) does the government intend to attend or participate in the November 8, 2012, Great Lakes/St Lawrence Cities Initiative meeting, or to press relevant US agencies such as the US Army Corps to attend that meeting in order to hear directly from Canadians?

[41st General Election, November 30th, 2012]

Mr. Speaker, Guelph was clearly not an isolated incident. There were some 56 ridings with the same activities as Guelph, including 20 in B.C., 9 in Alberta, 5 in Manitoba, 2 in Ontario and 20 in Quebec.

A Conservative Party lawyer waited 90 days to even respond to Elections Canada. What is the government doing to actually ensure real co-operation with Elections Canada?

[41st General Election, November 30th, 2012]

Mr. Speaker, waiting 90 days to respond to Elections Canada is not co-operation.

Newly released court documents reveal that voter suppression investigations have expanded far beyond Guelph. Elections Canada has requested phone records for no less than 56 ridings across the country. Conservatives can no longer pretend that this is just about a few rogues in Guelph. Will they now support my private member's bill against fraudulent election calls?

[Employment Insurance, November 29th, 2012]

Mr. Speaker, losing a job is a terrible blow, but that is why we pay into EI throughout our working lives, expecting the safety net to be there when needed. However, too often EI is unavailable, as I have been learning from constituents in Toronto—Danforth.

David used to be in the telecom sector and paid into EI for 18 years. When he lost his job he went on EI, but after he did a short contract job a month later, he was ruled ineligible for any further EI. With neither a job nor EI, he emphasizes how much stress there is on him and his family.

Nick lost his management job in 2008 when his work unit was outsourced. When EI ran out, he felt he had no other choice but to take reduced CPP to make ends meet. Nick wants to work, not be forced into early retirement.

Such stories as Nick's and David's reveal that EI is broken at the same time as quality jobs are disappearing in Toronto. Both job creation and fixing EI will be priorities of an NDP government.

[Jobs and Growth Act, 2012, November 29th, 2012]

Mr. Speaker, I rise on a point of order. I would like to point out that what was just said is completely inaccurate. The NDP does not support the bill.