National Defence committee  I'm no expert on section 98, to be honest. I haven't looked at it. If we look at what paragraph 98(c) says, we see it's an offence to injure someone—

National Defence committee  Including yourself, but if we focus on the other person, which I think you were leading up to, we have numerous other offences—assaults, attempted murder, name it—that would penalize you for the action you've committed toward the other individual that are captured in a way by par

National Defence committee  In the discussion concerning a criminal record, for me the basic question is why someone who is found guilty of absence without leave or insubordination, which have no equivalent in civilian life, should suffer the consequences that a criminal record brings. It makes no sense to

National Defence committee  I feel it does happen.

National Defence committee  I think I'm qualified also to talk about the defendant, because I've been accused and I had my summary trial many years ago. Long answer short, I cannot see the day that there will be any other way of deciding a summary trial or a court martial without having a judge and the huma

National Defence committee  Well, on the Jordan decision and the time delays that could lead to a decision to stay proceedings based on unreasonable delay, could that happen? Yes, of course. It all depends on that specific case. Is it transferred to the civilian system? How does it make its way through the

National Defence committee  No, I don't think you would be examining the Constitution. The Supreme Court of Canada provides a two-part test to determine whether a proceeding is administrative, penal or criminal in nature. The 2015 Guindon decision from the Supreme Court of Canada, which basically reitera

National Defence committee  No, I haven't seen that, but I've also been told often that there are a lot of things I don't see.

National Defence committee  Definitely we should be looking, for example, at the British system or the Australian system, because we share common roots. I would not suggest looking at the American system because we are quite different, but when in looking at the British system and how they reformed their mi

National Defence committee  I'm not sure whether I can answer your question, Mr. Martel. To be frank, I don't really have an answer.

National Defence committee  I don't want to answer blindly, but anything is possible. Is it likely? It all depends on the nature of the offence. There is always the option of laying criminal charges under the civilian system to make sure the offence is tried. The idea isn't to let the offence go or drop th

National Defence committee  No. As I reviewed Bill C-77 focusing on the disciplinary aspect, the summary trial, summary hearings, I cannot say that I perceived any aspect of those provisions that would make me wonder if there was a gender aspect or an issue that is significant.

National Defence committee  I can't really comment on the Declaration of Victims Rights provided for in the bill. I had a look at it, but I didn't examine it in depth. I agree in principle with including victims rights in the National Defence Act, to be sure. By the way, I agree with what Mr. Lévesque said

National Defence committee  I can't answer that.

National Defence committee  I read it, but many months ago.