Mr. Speaker, on October 7, 2011, the Minister of National Defence introduced Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts. The NDP believes that this bill is a step in the right direction in order to make the military justice system and the civilian justice system more uniform. Still, it does not address the key issues needed to reform the summary trial system and the grievance system. Today I will speak to the grievance system.
Significant amendments were made at the committee stage at the end of the last session of Parliament, but have not been included in Bill C-15. These include the NDP’s amendments concerning the authority of the Chief of Defence Staff in the grievance process, changes in the composition of the grievance board, and the provision that a person found guilty of an offence through a summary trial would not be unjustly burdened with a criminal record.
I want to say something about the last point. This bill proposes many important reforms. The NDP has long advocated the updating of the military justice system. Members of the Canadian Forces are subject to very high standards of discipline and, as Canadian citizens, they deserve a justice system that is subject to the same standards as those that apply to other Canadian citizens.
With regard to reforming the summary trial system, the amendments in Bill C-15 do not properly address the unfairness of summary trials. At present, a conviction at a summary trial in the Canadian Forces results in a criminal record. The accused is not able to consult counsel. There is no appeal and no trial transcript. In addition, the judge is the accused's commanding officer. That is unduly harsh for some members of the Canadian Forces who are convicted for minor offences.
Among those minor offences are insubordination, quarrels and disturbances, misconduct, absence without leave, drunkenness and disobeying a lawful command. They are very important for military discipline, but not worth a criminal record.
Bill C-15 provides an exemption so that some offences—with minor punishments or fines under $500—would not be put on a criminal record. This is one of the bill’s positive aspects. But we do not think it goes far enough.
In committee, in March 2012, the NDP proposed amendments to Bill C-41 that would have expanded the list of offences that could be considered minor and thus would not attract a criminal record if the offence in question received a minor punishment. The amendment also would have expanded the list of penalties that could be set by a tribunal without being noted in the criminal record.
That was progress in terms of summary trials, but since that amendment was not included in Bill C-15, we want it to be included now.
I want to mention Colonel Drapeau, a retired Canadian Forces colonel and an expert in military law. He testified before the Standing Committee on National Defence in February 2011. This is what he said about summary trials:
...I'll get right to the point. The answer is yes...Decriminalize the summary trial system. End of discussion. Remove today the custodial power of the commanding officer to send somebody to detention. If that needs to be done, then that person ought to be tried by court martial where all the rights are provided. So you remove that in the same way as Ireland has done it, as Australia has done it; you decriminalize it. There's no record.
The individual would not have that stigma attached to him just because he didn't shave that morning or he showed up late. Whether he gets a fine or a suspension of leave or he has to stay on the ship when alongside, I can live with that, and that would apply in Canada and abroad. And if there really is a requirement to prosecute someone because of the severity of the offence, then a court martial, and a court martial can be held any place in the world.
That results in a criminal record.
A criminal record can make life after a military career very difficult. Having a criminal record can make it difficult to find a job, lease an apartment, travel or obtain insurance.
I researched the effects of a criminal record on persons who do not go to court and found that it can affect a number of aspects of the person's daily life: employment, entering another country and insurance.
That is right. We can be refused insurance coverage if a member of our family, perhaps a child who was a soldier, has a criminal record because he did not shave his beard one morning.
People with criminal records have difficulty finding work, especially in security. Who better than a former soldier to work for a security company? But he would not get the job.
In general, two out of three employers require a criminal record check.
Under the Criminal Code, civilians can have a criminal record for such offences as assault, extortion, harassment, kidnapping, identity theft, murder, homicide, abuse and theft. That is not the case for our soldiers.
We are severely punishing certain Canadians. Our soldiers, members of our armed forces, receive harsher penalties.
The list of crimes against justice is a long one and includes corruption, failure to report a crime, obstruction and perjury. These are all good reasons to be in such a situation, but a young soldier arriving late for his shift is not a good reason.
Another witness at committee, the British Columbia Civil Liberties Association, said that military officers who impose penalties during a summary trial are often trying to set a disciplinary example within the unit in order to discourage future infractions, rather than burden the accused with the consequences that come with having a criminal record in civilian life.
The goal is to achieve discipline within our armed forces. I do not believe that the officer imposing the sentence necessarily wants to punish a young man who makes a mistake for his entire life. Soldiers simply want discipline within the military, and that is a good thing.
We therefore have a problem of basic fairness dominating a system that imposes harsh sentences on people who need increased procedural protection.
Colonel Drapeau went on to say:
I strongly believe that the summary trial issue must be addressed by this committee. There is currently nothing more important for Parliament to focus on than fixing a system that affects the legal rights of a significant number of Canadian citizens every year. Why? Because unless and until you, the legislators, address this issue, it is almost impossible for the court to address any challenge, since no appeal of a summary trial verdict or sentence is permitted. As well, it is almost impossible for any other form of legal challenge to take place, since there are no trial transcripts and no right to counsel at summary trial.
The summary trial is by far the most commonly used form of service tribunal in the military justice system. The summary trial is designed to deal with minor service offences.
The NDP believes that Canadian Forces personnel must comply with extremely high standards of discipline and that, in return, they deserve a justice system that also meets standards similar to those applied to other Canadians.
Having a criminal record can make post-military life very difficult. It complicates everything from finding a job, to renting an apartment and so on.
We really want to see this bill improved and to ensure that the committee members' amendments will be included in the bill. That is why we plan to oppose it in the upcoming vote.
