The Honourable Peter MacKay, Minister of National Defence, introduced two bills in the House of Commons today which propose significant amendments to the National Defence Act. The legislation reflects recommendations made by a former Chief Justice of the Supreme Court of Canada, as well as the Standing Senate Committee on Legal and Constitutional Affairs and the Court Martial Appeal Court of Canada (CMAC).
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The proposed
Security of Tenure of Military Judges Act responds to a June 2011 CMAC decision which found that the current provisions of the
National Defence Act (NDA) and
Queen’s Regulation and Orders for the Canadian Forces do not sufficiently satisfy the constitutional requirements of judicial independence. The proposed legislation is also consistent with recommendations made in 2003 by the late Right Honourable Antonio Lamer, former Chief Justice, following his independent review of the NDA.
The proposed
Strengthening Military Justice in the Defence of Canada Act reflects a series of recommendations made by former Chief Justice Lamer, as well as those made in May 2009 by the Standing Senate Committee on Legal and Constitutional Affairs.
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The amendments proposed in the two bills will:
- Further enhance the independence of military judges;
- Expressly provide in legislation the purposes, principles and objectives of sentencing in the military justice system;
- 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, as well as the ability to submit victim impact statements at courts martial;
- 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.
