National Defence

The National Defence Committee met to study Bill C-11, a military justice modernization act, with witnesses Colonel Geneviève Lortie, Deputy Judge Advocate General for Military Justice Modernization, and Lieutenant-Colonel Matt MacMillan, Director of Military Justice Implementation.

Colonel Lortie testified that a Conservative amendment to give victims the right to request a different liaison officer could raise constitutional questions about judicial independence and the separation of powers, and that it was written broadly enough to encompass persons not under the code of service discipline. She also said that adding support roles and training requirements into legislation is often better addressed through policy, which can be updated more easily and ensures a common understanding of terms like "experience."

Lieutenant-Colonel MacMillan stated that a proposed amendment to appoint an accused liaison officer would duplicate services already provided by defence counsel under the National Defence Act, and that placing such a provision within the Declaration of Victims Rights would be inappropriate. He also confirmed that no military judge has ever been charged with a service infraction, and that removing the objective of denunciation from summary hearings aligns with their administrative, non-penal nature, distinguishing them from criminal proceedings.

On a Conservative amendment to require appointment of the director of military prosecutions within 90 days, the committee agreed by subamendment to change the timeline to 120 days for consistency with an earlier amendment. Colonel Lortie confirmed that a Conservative amendment to remove the minister's power to issue directives to the director of military prosecutions was contrary to Justice Fish's recommendation eight, which sought to ensure accountability to Parliament through the minister.

Regarding a Bloc Québécois amendment to civilianize military judges, Colonel Lortie noted it raised constitutional questions and conflicted with other provisions in the act, while Lieutenant-Colonel MacMillan warned it could prevent courts martial from functioning, undermining discipline and morale. James Bezan cited Justice Fish's written submission supporting civilianization, noting that England and New Zealand have already done so.

On a Conservative amendment to provide defence counsel for accused members charged in civilian courts for sexual offences, Colonel Lortie said it would create a two-tiered system, as other Criminal Code offences would not be covered, and that it would not cover the investigation or arrest phase. Lieutenant-Colonel MacMillan added that the accused does not choose where the matter is prosecuted, and that providing counsel for sexual offences but not for other charges could create morale issues.

A Conservative amendment to repeal section 249.2 of the National Defence Act, which places the director of defence counsel services under the general supervision of the judge advocate general, was withdrawn after Colonel Lortie testified it would leave a void in reporting and oversight, raising questions about accountability and independence. The committee later agreed by unanimous consent to amend a previously passed amendment to change the appointment timeline for the director of military prosecutions from 90 to 120 days for consistency. The short title and the bill as amended were adopted on division.