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National Defence committee  I have not studied that question in detail. It is conceivable that other clauses might apply, but that would have to apply to the case in question. I believe that section 100 is clear. There are three categories. The matter will have to be interpreted at that point based on the f

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  What I may add is this. I am going to respond in French. The authority responsible for laying charges will be able to do so under section 100 or possibly section 129. Section 129 is included in the list of exemptions. Once again, this is a hypothetical case. The authorities wh

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  I would simply like to repeat what Colonel Gibson said earlier. The decision and policies related to objective seriousness are less than two years old. The National Defence Act defines what a serious offence is and prescribes the maximum punishment for it. It is five years or mor

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  I have no other comment to add on that question.

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  It's a safety valve to make sure that if a complaint is made in good faith there will be no repercussions or consequences as a result of that.

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  Basically all the amendments for clauses 80 to 96 include amendments to replace the words "la personne mise en cause" with "la personne qui en fait l'objet" and also to replace prévôt by grand prévôt. Those are the only amendments being made in those sections.

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  Subclause 78(2) with respect to 250.18(3) is new. Basically, we are saying that a person may not be penalized for exercising the right to make a complaint, so long as the complaint is made in good faith. This is in relation to a conduct complaint. We have the same amendment in cl

March 4th, 2013Committee meeting

Lieutenant-Colonel André Dufour

National Defence committee  A conduct complaint is defined in section 250.18, and an interference complaint is defined in section 250.19. Basically, a conduct complaint is any person, including an officer and non-commissioned member, making a complaint about the conduct of a member of the military police

March 4th, 2013Committee meeting

LCol André Dufour

National Defence committee  I can answer that. I would like to begin by specifying that the law—chapter 22 of the Statutes of Canada, 2011—talks about that provision. That provision was used again because there was uncertainty over whether Bill C-15 and Bill C-16 should be introduced at the same time. To

February 27th, 2013Committee meeting

LCol André Dufour

National Defence committee  Yes, in principle, the judge could make such a request, but positions other than that of judge would have to be available.

February 27th, 2013Committee meeting

LCol André Dufour

National Defence committee  I will answer in French. In the case of an ongoing offence, it is often said that the offence is committed over a certain period of time. If there is conclusive evidence that the offence was committed during that period, and the evidence confirms it, the offence can begin at any

February 27th, 2013Committee meeting

LCol André Dufour

National Defence committee  That's exactly right.

February 27th, 2013Committee meeting

LCol André Dufour

National Defence committee  Mr. Chair, with respect to the federal regulatory process, as a matter of policy we follow this federal process, and throughout any submissions made to the Governor in Council or to any competent authorities, we comply with those requirements. Under section 12 of the National D

February 27th, 2013Committee meeting

Lieutenant-Colonel André Dufour