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National Defence committee  It is very difficult for me to answer that question because I am not on these committees and I am not a member of Parliament. I think that question should go your colleagues. However, I will certainly be pleased to continue to support you in your deliberations and to help you make informed decisions.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you for your question. I will try to answer it. Then, my colleague can take over. As I was telling the committee a little earlier, it is very difficult for us to explain why a legislative provision is used or not used. I indicated that 70% of the offences are always the same, so it is very difficult to explain why this provision is used or not used.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you. Perhaps I can start answering the question, and then my colleague, Colonel Wry, could provide other information. On the use of paragraph 98(c) twice since 2000, it's always very difficult in any justice system to explain why a particular section is used or not used. For example, in the military justice system we know that approximately 70% of the charges being laid all pertain to the same type of category.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you for the question. My colleague Colonel Jitney is probably in a better position to answer it, because he is the one responsible for the services provided to those who ask for them.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you for the question. I will ask my colleague, Colonel Wry, to provide more information about the statistics. From the statistics we have been able to gather in recent months, we saw that those charges were laid many times, more than 300 times, during the Second World War.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you for the question. I don't think we have that information. We will send it to the committee later.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  As I was saying earlier, according to the research we have done up to now, the United States, Great Britain, Australia, New Zealand, Denmark, Spain, Italy, Germany and France have similar provisions, all dealing with more or less the same thing. They are designed to prevent members called to serve in defence of their country or to support the people of their country, from avoiding that service by deliberately injuring themselves.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  The first thing that I want to do is acknowledge the interest and the concerns that are being expressed and that the committee has heard. Certainly the information that I want to provide to the committee is truly to inform the committee's understanding of the law and to be as fair as possible.

December 11th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you, Madam Chair. I will keep my opening remarks brief. Please allow me to begin by introducing myself. I am Rear-Admiral Geneviève Bernatchez, the judge advocate general of the Canadian Armed Forces. I am the legal adviser to the Governor General, the Minister of National Defence, the Department of National Defence, and the Canadian Armed Forces in matters relating to military law.

December 11th, 2020Committee meeting

Rear-Admiral Geneviève Bernatchez

National Defence committee  Yes, I would make myself available for the committee, Madam Chair.

December 7th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Of course, Mr. Clerk. This is a test for the French. This is a test in English. I think that the echo problem is solved. I am not hearing anything.

December 7th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Yes, Mr. Clerk. There's no echo now. Do you want me to keep talking?

December 7th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  Thank you, Madam Chair. I will keep my opening remarks brief. Please allow me to begin by introducing myself.

December 7th, 2020Committee meeting

Rear-Admiral Geneviève Bernatchez

December 7th, 2020Committee meeting

RAdm Geneviève Bernatchez

National Defence committee  I've deactivated the interpretation.

December 7th, 2020Committee meeting

RAdm Geneviève Bernatchez