Bill C-77 (Historical)

An Act to amend the National Defence Act and to make related and consequential amendments to other Acts

This enactment amends provisions of the National Defence Act governing the military justice system.
It adds a new Division, entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have a right to information, protection, participation and restitution in respect of service offences. It adds or amends several definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim’s behalf for the purposes of that Division.
It amends Part III of that Act to, among other things,
(a) specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at summary hearings;
(b) protect the privacy and security of victims and witnesses in proceedings involving certain sexual offences;
(c) specify factors that a military judge is to take into consideration when determining whether to make an exclusion order;
(d) make testimonial aids more accessible to vulnerable witnesses;
(e) allow witnesses to testify using a pseudonym in appropriate cases;
(f) on application, make publication bans for victims under the age of 18 mandatory;
(g) in certain circumstances, require a military judge to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor;
(h) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(i) provide for different ways of presenting victim impact statements;
(j) allow for military impact statements and community impact statements to be considered for all service offences;
(k) provide, as a principle of sentencing, that particular attention should be given to the circumstances of Aboriginal offenders;
(l) provide for the creation, in regulations, of service infractions that can be dealt with by summary hearing;
(m) provide for a scale of sanctions in respect of service infractions and for the principles applicable to those sanctions;
(n) provide for a six-month limitation period in respect of summary hearings; and
(o) provide superior commanders, commanding officers and delegated officers with jurisdiction to conduct a summary hearing in respect of a person charged with having committed a service infraction if the person is at least one rank below the officer conducting the summary hearing.
Finally, the enactment makes related and consequential amendments to certain Acts. Most notably, it amends the Criminal Code to include military justice system participants in the class of persons against whom offences relating to intimidation of a justice system participant can be committed.

National Defence Act

[An hon. member]

Tori Stafford's father.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Yes, exactly, just with what is happening with Tori Stafford. Her family is being re-victimized again and it is unfortunate that the government is not standing up and doing the right moral thing.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, it is an honour to rise today to debate Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.

I find the comments coming from the Liberals somewhat interesting and rich about needing to ram this bill through all of a sudden. Here we are on October 1, and now it is time to ram this bill through when it took them three years to get to this point. When it was first introduced on May 10, we went through two months of sitting in May and June, had midnight sittings through most of the month of June, but yet the government did not see fit to bring it forward for debate then. Instead, the first day of debate for this bill was September 21, a Friday sitting, where just about two hours of debate can occur. Here we are on just our second day on the bill, and all of a sudden the Liberals are crying that we should be immediately ramming this through, before members have a chance to debate it.

In our former Conservative government, we placed victims at the centre of our criminal justice system. We thought it was important the victim of a crime be granted the right and privilege to participate in the criminal justice system. We did this in a number of different ways, but most importantly, through Bill C-32, which created the Victims Bill of Rights. We did that because we felt it was important the victim have a voice and the opportunity to fully participate in our criminal justice system.

It has been disappointing to hear from these Liberals the last couple of weeks, who would rather place criminals ahead of victims on so many different issues. In the past two weeks alone, we saw these Liberals defend granting veterans benefits to convicted murderer Chris Garnier, a convicted murderer who did not spend a single day in the military. He never once donned our nation's uniform, never once participated in Canada's Armed Forces, yet these Liberals stood in this very place and defended the right of that convicted murderer to receive veterans benefits for post-traumatic stress disorder, that he, by his own admission, had because of the brutal murder he committed. These Liberals are defending his right to receive treatment paid for by veterans rather than that which is available through our Correctional Service of Canada.

Tomorrow we will be debating a motion in this very place brought forward by our leader, the leader of Her Majesty's loyal opposition, about the tragic case of Tori Stafford's murderer being transferred from a prison with bars and razor wire to a healing lodge, where the commissioner of the Correctional Service of Canada admitted there are often children present. We heard the Liberals defending this once again today in question period, defending the murderer of an eight-year-old girl who was brutally murdered. The Liberals are defending the transfer of her killer from a prison to a healing lodge. It is wrong. Tomorrow, we will see where the Liberals truly stand on victims when they are called to account to stand in this place and defend that decision.

This follows a series of moves by these Liberals to place a greater emphasis on the criminal rather than the victim. Bill C-75 would actually reduce a sentence for a number of what we on this side consider serious crimes.

This would include participating in the activity of a terrorist group, infanticide, a couple of impaired driving offences causing bodily harm, abducting a person under the age of 14, forced marriage, advocating genocide, extortion by libel, arson for fraudulent purposes, and possession of property obtained by crime. They also want sentences reduced for participation in the activities of a criminal organization. With all of the challenges we are facing, these Liberals want to reduce sentence for those participating in gang activities. I know this is wrong and Canadians know it is wrong.

When the former Conservative government introduced the Victims Bill of Rights in 2014, our then justice minister saw fit to make this bill of rights a quasi-constitutional document, a document so important that it would take precedence over many other federal statutes. At the time, our minister of justice, the hon. Peter Mackay, stated on April 9, 2014:

In order to give meaningful effect to victims' rights by all players in our criminal justice system, our government is proposing that this bill have quasi-constitutional status. This would mean that the Canadian victims bill of rights would prevail over other federal statutes, with the exception of the Constitution Act, which includes the Charter of Rights and other quasi-constitutional statutes within our legal system, such as the Official Languages Act, the Privacy Act, and, of course, the Canadian Human Rights Act.

What does this bill do? It effectively reintroduces Bill C-71 from the previous Parliament, which our Conservative government introduced, and applies the Canadian Victims Bill of Rights to the military justice system. In particular, it provides for four key rights for victims: the right to information, the right to protection, the right to participation, and the right to restitution.

Many Canadians, whether they serve in the Canadian forces or not, often find the criminal justice system intimidating and confusing, and find it challenging to get information about the case being made about the crime perpetrated against them. The right to information is about their right to have information in the general sense of how the system works, and also specifically regarding their case so they know about its progress. It is also to know information about the investigation, and the prosecution and sentencing of the person who perpetrated the act against them.

Whether it comes to the criminal justice system or the military justice system, the second right is the right to protection. This is to ensure that victim safety and security is protected. Whether that is by having their identity protected from public disclosure or using other measures that would allow for their protection, we believe this is exceptionally important.

I do see that my time is running short, so I will not have a full opportunity to talk about the right to participation and right to restitution. However, I will say that those of us on the Conservative benches will always stand for the victims of crime. We will defend the victims of crime and ensure that they have a place in both our criminal justice and military justice systems so that their voices are heard. We will stand with victims.

[Frank Baylis, Liberal, Pierrefonds—Dollard, QC]

Madam Speaker, I often find when these discussions come up that the argument that we will stand for victims is used as a battering ram against Liberals' points of view. Liberals stand up for victims, and that is why we brought forth this bill. We also believe that we try to work to avoid victimization. Obviously, we have to stand with victims, but whenever we work to avoid victimization and say let us not have victims, we run into a roadblock.

I would ask my colleague across the aisle why Conservatives are against avoiding crime. Why are they against the work we do toward avoiding crime and always come back to saying, even when we stand with victims, as in this bill, that we do not stand with victims? Clearly we do, yet we are battered by the other side.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, Conservatives, of course, support avoiding crime. That is why we believe in investing in our criminal justice system, investing in law enforcement and ensuring that our law enforcement agencies have the tools to prevent crime. The member says that somehow the Conservatives are throwing up roadblocks to preventing crime. It is quite the contrary.

What I want to reiterate is that where the Liberals are failing to protect victims was on full view over the last two weeks. It was in full view as they defended a convicted killer, Chris Garnier, receiving veterans benefits and continuing to defend the transfer of Terri-Lynne McClintic, convicted of first degree murder, to a healing lodge where children are present. That is where the Liberals have failed to stand with victims.

Conservatives will be supporting this piece of legislation, because it builds on the good work the Conservative government undertook during our 10 years in office.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, it is a matter of misplaced priorities. As I sat through this debate today, I heard members on the government side stand and say that they are defending victims, yet as an example of what my hon. colleague said, in the last couple of weeks, we have dealt with the Christopher Garnier situation and the Tori Stafford situation, where her killer is, effectively, in a minimum-security prison. What is interesting is how that relates to Bill C-71, currently in the Senate, the new Liberal gun registry and the contrast and hypocrisy with respect to Bill C-75, summary convictions. I know that my hon. colleague listed just a few of what those summary convictions are, but it speaks to the essence of the fact that the government has a judicial backlog, and its answer to that backlog of court cases is to reduce these sentences to summary convictions.

Does my hon. colleague not share the same hypocrisy Canadians are seeing with respect to the pieces of legislation and how hypocritical and contrary they are to each other in the overall Liberal narrative?

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, my friend from Barrie—Innisfil is absolutely right. It is a system of misplaced priorities for the Liberals. They will throw up additional roadblocks and rules for law-abiding Canadians but then reduce sentences and change them to summary convictions for some serious crimes. It is wrong, and Canadians see through it. Canadians see through it, because they know what the Liberals are doing. They know where they are putting their priorities.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the arguments the Conservatives are spending their time on this afternoon are interesting.

We know that the legislation itself would enshrine victims rights. We have a Liberal government enshrining victims rights. I have news for the member across the way. All members of this chamber are sympathetic and extend sympathies to all victims of crime. Why would Conservatives try to imply that only the Conservative Party of Canada seems to be concerned about victims rights, when it is just not true?

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, I would be curious to know from the member for Winnipeg North if he would have placed himself in a different position back in 2014, when he and his party, together with the NDP, delayed the passage of the Victims Bill of Rights by filibustering it on April 9, on May 27, on June 3, on June 6, on June 13 and again on June 20, at second reading alone. Does the member feel no shame for delaying the Canadian Victims Bill of Rights in 2014 when it was put before the House by the former Conservative government?

[Richard Martel, Chicoutimi—Le Fjord, CPC]

Madam Speaker, after asking my first question in the House and giving my first member's statement, I will now be giving my first 10-minute or so speech in the House of Commons. It is important to me to quickly break the ice.

First, it is an honour to be able to represent my constituents in Chicoutimi—Le Fjord as we study Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts. As we know, the Bagotville military base is in Chicoutimi—Le Fjord. As part of Air Command, it is one of two bases housing the CF-18s in Canada. For those like me who are interested in history, I will mention that the Bagotville military base was established in 1942 to protect Alcan's infrastructure in the Saguenay, the aluminum plants that were part of the war effort during World War II. I would also like to mention that, at present, we are still paying a 10% tax on aluminum. This base continues to be one of the largest employers in Saguenay and houses 3 Wing Bagotville. It is one of the major pillars of the Saguenay economy, along with aluminum, lumber and agriculture. It is even more important to remember this today because aluminum, lumber and supply management were sacrificed in part last night.

I always enjoy meeting our troops. They are people of honour and integrity. They are leaders. They stand by one another. They protect one another. They all want equal treatment. I also enjoy meeting our valiant veterans. They always have good stories to tell. Unfortunately, they often have trouble getting the government to respect their rights. I talk to a lot of veterans who tell me about their deployments and the problems they run into when they return. Every time they tell the government what they need, the government does not seem that interested.

One of my greatest hopes is for the base to keep getting better. I would like to see proper military aircraft there, not the old, broken-down Australian planes the Liberals want to replace our CF-18s with. Our people in uniform deserve better. I have talked to some of them. The Australian planes are even older than the CF-18s at the Bagotville base. People are wondering what plans the government has to get them up to snuff.

Let me get back to the matter at hand, Bill C-77. Make no mistake, this bill is very similar to Bill C-71 that the previous Conservative government wanted to bring in during the 41st Parliament. That bill was introduced in June 2015, but it did not get as far as second reading.

Much like Bill C-77, we wanted to make changes to the military justice system. Specifically, we wanted to bring Canada's military justice system in line with the Criminal Code. Some of the most important changes we were planning to make were as follows: adding victims' rights the National Defence Act, limiting summary trials to six months and clarifying which cases would be eligible for a summary trial. From what I understand, Bill C-77 seeks to achieve the same objectives.

One has to wonder why the Liberal government waited so long to introduce this bill. The Liberals keep saying that they care about our veterans, that they are sympathetic to our solders and so on. It is obvious that the Conservatives will always put the rights of victims of crime ahead of the the rights of criminals, and we will make sure that victims have a voice in our justice system.

Need I remind members of the House that it was us, the Conservatives, who brought in the victims bill of rights? In fact, it was the senator from Quebec who represents LaSalle who made the victims bill of rights possible. Of course we are in favour of incorporating the victims bill of rights into the military justice system. That is precisely why we introduced Bill C-71 three years earlier. It was such a long time ago—I was still a coach at the time—but that is fine, we cannot fault our colleagues across the way for copying our work because we know full well that adding the victims bill of rights to the military justice system is the right thing to do for our country.

The leader of the official opposition and member for Regina—Qu'Appelle and the Conservatives will always stand behind victims of crime. It is important to us that Bill C-77 pass this first important stage and get to committee so that we can go over it in greater detail. It will be a pleasure to discuss this bill clause by clause with my colleagues opposite to make it the best it can be for our armed forces and the military justice system.

We are definitely going to discuss equality. Discipline demands consistency and continuity. They are the very foundation of people's trust in others and in the system. Members of the Canadian Armed Forces should not be subjected to discrimination based on race, gender, creed or culture. It is crucial that no soldier lose trust in their superior officer. Trust is hard to win and easy to lose. Whether positive or negative, discrimination undermines the bond of trust.

This will also be my first time analyzing a bill in detail in committee, so I will be adding another string to my bow as a new MP. I may get a chance to submit amendments and seek my colleagues' co-operation in getting them approved.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Madam Speaker, from what I am hearing from the discussions on this piece of legislation, it seems like we could all agree that victims' rights are particularly important. This piece of legislation balances civil rights and the rights within our military. It enshrines victims' rights within the National Defence Act.

My hon. colleague spoke about wanting to get it to committee, to study it at committee, and to be able to provide some possible amendments when it gets to committee. Would my hon. colleague not agree that we should move forward with this and get it to committee?

[Richard Martel]

Madam Speaker, we must first take the time to do a proper analysis of this bill and to discuss it with our colleagues. I am still learning about that. We do not want to feel pressured all the time. We must take the time to do a proper analysis in order to do what is best for everyone.

[John Nater, Conservative, Perth—Wellington, ON]

Madam Speaker, I want to welcome my hon. colleague for Chicoutimi—Le Fjord.

I congratulate him on his recent election to the House of Commons.

During his election campaign, did his constituents talk about the importance of standing up for victims of crime?

[Richard Martel]

Madam Speaker, that is a very good question. We need not look very far for the answer.

We need only think of the case of Christopher Garnier, a criminal who is receiving benefits and was never in the military. In my riding, people find it difficult to accept that. We are still not getting an answer when we ask the government if it is going to stop his benefits. We certainly do hear people talking about it. I hope that these cases we are constantly hearing about do not become a common occurrence.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I congratulate my colleague from Chicoutimi—Le Fjord for his first speech in the House. It was very interesting and very well documented.

My colleague spoke about the Bagotville base, an air force base, and how important it is to his riding. Could he tell us a little more about that?