Mr. Speaker, it is with great pleasure that I rise to speak to Bill C-15, which is really very important. Indeed, our men and women in uniform sacrifice a lot. They play a very specific role in our society. They really have a special status in relation to other citizens. That status, that sacrifice, that life which is unquestionably so different does not justify at all the current system of summary trials. In fact, this justice system should be abolished. It is indeed a summary system that essentially bypasses the normal process. More importantly, it is very punitive and it has very serious consequences for our men and women in uniform.
The big problem is that, in its present form, Bill C-15 does not correct the profound and fundamental injustice of summary trials, and it does not deal with it appropriately. I am going to focus on that point. It is important to clearly understand the consequences. Being saddled with a criminal record when one returns to civilian life, or even while still in the military, creates a lot of economic, moral or family problems. It can be really hard to cope with that situation. Given the whole process, it is truly absurd that this is still tolerated in Canada in 2012 and that we are not trying to really correct things. Unfortunately, Bill C-15 does not do that.
I am going to briefly mention the minor offences that may be dealt with by summary trial and lead to a conviction. They include insubordination, quarrels, misconduct, absence without leave, drunkenness and disobeying a command.
Let us be clear on one thing. Given the military's special status and role, and the need for unity in the Canadian Forces to carry out their missions, it goes without saying that discipline is a fundamental requirement. Everyone agrees and no one is going to challenge that. However, and this is what Bill C-15 does not fundamentally correct, we maintain that this requirement does not justify a criminal record. Of course, within the context of the military service—or outside it—there is no doubt that the offences I just listed are more serious than for a civilian, but in the case of civilians they do not automatically result in a much more serious consequence and in much higher proportions.
This situation is really unfortunate because there is of course another problem. An argument was made, among others, to justify summary trials, namely that they speed up the process, so that the soldier who is accused can reintegrate into his unit more quickly.
Once again, that is debatable. First of all, clearly, relative justification can always be found, for instance, in an intervention or operational context, when the strength of the unit must be maintained at all times. Apart from that, in real life, which is most of the time in a soldier's career, the need for expediency is no more justified than it is in civilian life. So that is one thing that does not make sense.
It would also be very troubling if Canada did not modernize this system by committing to a comprehensive reform of the summary trial process. Other countries that have reformed their own systems—systems directly related to what we do here in Canada—include the United Kingdom, of course—which is more or less the mother country on which many of our institutions are based—as well as Australia, New Zealand and Ireland.
Considering that Justice Lamer released his report in 2003, why has it taken Canada so long to act? Why is the government not going even further and really fixing this?
We will focus on the issue of summary trials and the fact that people could end up with a criminal record for life. Furthermore, with a summary trial, there is no appeal process and there are no transcripts. Thus, there is no paper trail. In addition, the so-called judge is also the accused person's commanding officer. Considering the special hierarchical relationship between the superior and the accused, that is very problematic. This major point must be considered.
We all agree that officers in the Canadian Forces meet strict criteria and must face up to their responsibilities. Nevertheless, regardless of the quality of the commander, this way of doing things creates enormous potential for inequality that is not there in civilian life. In fact, it is almost impossible to find something as big that goes as far as what we find in the Canadian Forces. Just bridging this gap and removing this sort of trial from within the military unit would represent great progress.
We must not forget the difficulties that this type of trial creates for soldiers who find themselves with a criminal record as a result of a summary trial. I would like to remind hon. members that having a criminal record can create a potential obstacle for these soldiers when they return to civilian life after serving in the Canadian Forces.
As all members of this House know, military careers are usually shorter than most civilian careers because of how demanding military service is and because of the unfortunate unforeseen circumstances that can occur. When a man or woman who served valiantly in the military and made a valuable contribution returns to civilian life, that person has the right to a new life and a place in society. Yet, no matter what some may say, a criminal record is an enormous and even insurmountable obstacle to returning to a so-called normal life.
In light of the fact that soldiers can be excluded or socially stigmatized for making a mistake, such as getting drunk, after they have bravely served our country, carried out missions throughout the world and imposed on their families all the sacrifices that a soldier's loved ones are forced to endure, it would be scandalous if we did not implement a much fairer trial system that is more respectful of our soldiers' status and of the sacrifices they make and the duty they perform.
I urge all my colleagues to think about this and, above all, to show respect for the duty that our soldiers perform. In that way, we can come up with a much more thorough reform than that proposed in Bill C-15.
That is why we are opposed to this bill.
