DND Introduces Amendments To The National Defence Act

[Nfld Sapper]

News Room
DND Introduces Amendments To The National Defence Act
June 16, 2010

OTTAWA - The Honourable Peter MacKay, Minister of National Defence, tabled a bill in Parliament today that introduces significant amendments to the National Defence Act . The amendments contained in Bill C-41, the Strengthening Military Justice in the Defence of Canada Act , reflect recommendations made in the 2003 report by the former Chief Justice of the Supreme Court, the late Right Honourable Antonio Lamer, as well as by the Standing Senate Committee on Legal and Constitutional Affairs in their May 2009 report, Equal Justice: Reforming Canada’s System of Courts Martial .

This bill is the Government’s legislative response to the Lamer Report recommendations. Two similar bills, C-7 in 2006 and C-45 in 2008, were introduced by the Government but did not advance beyond First Reading.

“In acting upon the recommendations in the Lamer Report and the Senate Committee’s Report, we are continuing to ensure that the military justice system is effective, fair and transparent. This bill is part of an ongoing process to ensure that the military justice system remains one in which Canadians can have trust and confidence,” said Minister MacKay. “The amendments will also improve the efficiency of the grievance system and the military police complaints process.”

“This legislation further enhances the effectiveness of the military justice system in serving the operational needs of the Canadian Forces,” said Brigadier-General Blaise Cathcart, Judge Advocate General.

The amendments tabled today will:

further enhance the independence of military judges;

enhance the flexibility of the court martial system by establishing a reserve military judges panel;

expand the pool of Canadian Forces members eligible to serve on a court martial panel;

provide for additional sentencing options, including absolute discharges, intermittent sentences and restitution orders;

improve the efficiency of the grievance and military police complaints processes; and

establish the position of the Canadian Forces Provost Marshal in legislation and specify the Provost Marshal’s responsibilities.

The Lamer Report was the first independent review of the provisions and operation of Bill C-25, which amended the National Defence Act in 1998. The Senate Committee’s report made a number of recommendations relating to the military justice system.

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For more information:

http://www.forces.gc.ca/jag/publications/Pubpages/li-ml-eng.asp

 

[Rogo]

This seems convenient timing-wise to appear this quickly after the Gen Menard's relief of duties.  Could this be more political than it sounds?  Anyone?

 

[dapaterson]

Not at all related to BGen Menard's situation - rather, it's in response to a report from 2003 - somewhat delayed, one could say, though amendments have been previously introduced in 2007 and 2008, only to die on the order paper.

Of interest: charges will have to be laid within 6 months for a summary trial, with the trial within a year.


Excellent background doc at: http://www.forces.gc.ca/jag/publications/initiatives-mesures/background-contexte-jun2010-eng.pdf

 

[SeanNewman]

Shoot...I thought the changes would be CMTC and CTC getting LDA now.  D'oh.

 

[McG]

Personally, I would like to see an amendment to the NDA that empowers civilian criminal courts to add dismissal with disgrace from Her Majesty’s Service for any criminal offence punishable by more than one year imprisonment.  This punishment would be applicable to any CF member, including Class A reservists that would not normally be subject to the NDA at the time of the offence.

We expect soldiers to uphold the values of the Canadian public, so we may as well empower the criminal courts to eject those who so egregiously fail to do so.

 

[dapaterson]

But the CF can already kick folks out after a criminal case - an admin reivew can recommend their release.

That some COs, provided with that recommendation, choose to fight it is another issue altogether.

 

[Infanteer]

One would assume that a criminal charge release as proposed by MCG would be more expedient then the ridiculous amount of paperwork required for an administrative release (assuming DMCARM - or whatever they are now - decides that a CO knows what he's doing and approves the release; I've seen alot of 5Fs changed to other releases that would allow the member to walk back in through the recruiting center doors).

 

[McG]

But the CF can already kick folks out after a criminal case - an admin reivew can recommend their release.

That is true, but I like the message sent to the guilty through such an addition to a sentence -> the nation has lost confidence in you and you are expelled from its service. 
I also like the message it sends to other service personel, potential service personel, and the nation -> The nation demands more of its service personnel, and will not accept less.

I would also hope that this would reduce some of the bureaucracy leading to a 5f or 2a release, and that it would side-step cronyism protecting those who have crossed the line.