NDDN Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
The committee resumed its clause-by-clause study of the Bill.
On Clause 9,
James Bezan moved, — That Bill C-11, in Clause 9, be amended by adding after line 13 on page 6 the following:“(1.1) Section 71.16 of the Act is amended by adding the following after subsection (1):
(1.1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim or an individual acting on their behalf, appoint another officer or non-commissioned member to replace the liaison officer appointed under subsection (1).”
After debate, the question was put on the amendment of James Bezan and it was agreed to.
That Bill C-11, in Clause 9, be amended by adding after line 23 on page 6 the following:
“(3) Section 71.16 of the Act is amended by adding the following after subsection (3):
(4) Every person involved in the investigation or prosecution of an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada, including the victim's liaison officer, shall, to the extent possible, have the training or experience that enables them to take a trauma-informed approach.
(5) If a person referred to in subsection (4) is not trained or experienced in working from a trauma-informed perspective, they must advise the victim.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided in section 16.74 of House of Commons Procedure and Practice, Fourth Edition.
Whereupon, James Bezan appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:
YEAS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4;
NAYS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5.
After debate, the question was put on the amendment of Lori Idlout and it was agreed to on the following recorded division:
YEAS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Viviane Lapointe, Chris Malette, Sherry Romanado, Simon-Pierre Savard-Tremblay, Tim Watchorn — 9;
NAYS: — 0.
Clause 9, as amended, carried on division.
On new Clause 9.1,
James Bezan moved, — That Bill C-11 be amended by adding after line 23 on page 6 the following new clause:“9.1 The Act is amended by adding the following after section 71.16:
71.161 (1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of a person who is alleged to have committed a service offence, or an individual acting on their behalf, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the accused or individual as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the accused or the individual to be their liaison officer.
(2) In the event of the absence or incapacity of the accused’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons.
(3) Assistance by an accused’s liaison officer consists of
(a) explaining to the accused the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and
(b) obtaining and transmitting to the accused information relating to a service offence that the accused has requested and to which the accused has a right.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided in section 16.74 of House of Commons Procedure and Practice, Fourth Edition.
Whereupon, James Bezan appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:
YEAS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4;
NAYS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5.
After debate, the question was put on the amendment of James Bezan and it was agreed to on the following recorded division:
YEAS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5;
NAYS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4.
Clause 10 carried.
After debate, Clause 11 carried on division.
After debate, Clause 12 carried on division.
Clause 13 carried on division.
Clause 14 carried on division.
On Clause 15,
James Bezan moved, — That Bill C-11, in Clause 15, be amended by adding after line 17 on page 7 the following:“(1.1) The appointment must be made within 90 days of the day on which the office of Director of Military Prosecutions becomes vacant.”
Debate arose thereon.
Sherry Romanado moved, — That the amendment be amended by replacing the word “90” with the word “120”.
After debate, the question was put on the subamendment of Sherry Romanado and it was agreed to.
The question was put on the amendment of James Bezan, as amended, and it was agreed to.
(a) by replacing lines 20 and 21 on page 7 with the following:
“years but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect.”
(b) by deleting line 24 on page 7 to line 6 on page 10.
The question was put on the amendment of James Bezan and it was agreed to.
Clause 15, as amended, carried.
Clause 16 carried on division.
On Clause 17,
James Bezan moved, — That Bill C-11, in Clause 17, be amended by replacing lines 18 to 22 on page 10 with the following:“17 Subsections 165.17(5) and (6) of the Act are re‐”
The question was put on the amendment of James Bezan and it was agreed to on the following recorded division:
YEAS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5;
NAYS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4.
Clause 17, as amended, carried on division.
On Clause 18,
Simon-Pierre Savard-Tremblay moved, — That Bill C-11, in Clause 18, be amended(a) by replacing line 36 on page 10 with the following:
“officer or non-commissioned member or former officer or non-commissioned member who is a barrister”
(b) by replacing, in the English version, line 1 on page 11 with the following:
“province and who has been or was a member of the Canadian”
(c) by adding after line 2 on page 11 the following:
“(1.1) An officer or non-commissioned member who is appointed to be a military judge is to be released from the Canadian Forces on their appointment.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided in section 16.74 of House of Commons Procedure and Practice, Fourth Edition.
Whereupon, Simon-Pierre Savard-Tremblay appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:
YEAS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4;
NAYS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5.
After debate, the question was put on the amendment of Simon-Pierre Savard-Tremblay and it was agreed to on the following recorded division:
YEAS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5;
NAYS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4.
Clause 18, as amended, carried.
Clause 19 carried.
On new Clause 19.1,
James Bezan moved, — That Bill C-11 be amended by adding after line 15 on page 11 the following new clause:“19.1 Section 165.24 of the Act is amended by adding the following after subsection (1):
(1.1) The designation must be made within 90 days of the day on which the office of Chief Military Judge becomes vacant.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided in section 16.74 of House of Commons Procedure and Practice, Fourth Edition.
Whereupon, James Bezan appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:
YEAS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4;
NAYS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5.
Debate arose thereon.
Tim Watchorn moved, — That the amendment be amended by replacing the word “90” with the word “120”.
After debate, the question was put on the subamendment of Tim Watchorn and it was agreed to.
The question was put on the amendment of James Bezan, as amended, and it was agreed to.
By unanimous consent, Clauses 20 to 39 inclusive carried on division severally.
On Clause 40,
James Bezan moved, — That Bill C-11, in Clause 40, be amended by adding after line 23 on page 29 the following:“(1.1) The appointment must be made within 90 days of the day on which the office of Director of Defence Counsel Services becomes vacant.”
Debate arose thereon.
Chris Malette moved, — That the amendment be amended by replacing the word “90” with the word “120”.
After debate, the question was put on the subamendment of Chris Malette and it was agreed to.
The question was put on the amendment of James Bezan, as amended, and it was agreed to.
(a) by replacing lines 26 and 27 on page 29 with the following:
“years but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect.”
(b) by deleting line 30 on page 29 to line 12 on page 32.
After debate, the question was put on the amendment of James Bezan and it was agreed to.
Clause 40, as amended, carried.
On new Clause 40.1,
James Bezan moved, — That Bill C-11 be amended by adding after line 22 on page 32 the following new clause:“40.1 Section 249.19 of the Act is replaced by the following:
249.19 The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline, who have been charged with having committed a service infraction, or who are charged with an offence referred to in any of paragraphs 70(d) to (h) that is alleged to have been committed while the person charged was acting in their role as a member of the Canadian Forces.”
After debate, the question was put on the amendment of James Bezan and it was agreed to on the following recorded division:
YEAS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5;
NAYS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4.
“40.1 Section 249.2 of the Act is repealed.”
After debate, the question was put on the amendment of James Bezan and it was agreed to on the following recorded division:
YEAS: Scott Anderson, James Bezan, Cheryl Gallant, Jeff Kibble, Simon-Pierre Savard-Tremblay — 5;
NAYS: Viviane Lapointe, Chris Malette, Sherry Romanado, Tim Watchorn — 4.
Clause 41 carried on division.
By unanimous consent, Clauses 42 to 68 inclusive carried on division severally.
Clause 69 carried.
By unanimous consent, New Clause 2.1 previously carried was reconsidered.
“2.1 Section 10 of the Act is replaced by the following:
10 The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose, but that officer may act as the Judge Advocate General for a period of more than 90 days only with the approval of the Governor in Council.”
Sherry Romanado moved, — That the amendment be amended by replacing the word “90” with the word “120”.
The question was put on the subamendment of Sherry Romanado and it was agreed to.
The question was put on the amendment of James Bezan, as amended, and it was agreed to.
Clause 1, Short Title, carried.
The Title carried.
The Bill, as amended, was adopted on division.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-11, as amended, be reprinted for the use of the House of Commons at report stage.
At 5:43 p.m., the committee adjourned to the call of the Chair.