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Publications - March 4, 2013
 
MINUTES OF PROCEEDINGS
 
Meeting No. 69
 
Monday, March 4, 2013
 

The Standing Committee on National Defence met at 3:31 p.m. this day, in Room 362, East Block, the Chair, James Bezan, presiding.

 

Members of the Committee present: Chris Alexander, James Bezan, Tarik Brahmi, Corneliu Chisu, Cheryl Gallant, Jack Harris, Jean-François Larose, Hon. John McKay, Christine Moore, Rick Norlock, Ted Opitz and Mark Strahl.

 

Acting Members present: Brad Butt for Ted Opitz, Ryan Cleary for Jean-François Larose, Ève Péclet for Jean-François Larose and Philip Toone for Tarik Brahmi.

 

In attendance: Library of Parliament: Melissa Radford, Analyst; Erin Shaw, Analyst. House of Commons: Mike MacPherson, Legislative Clerk; David-Andrés Novoa, Legislative Clerk.

 

Witnesses: Department of National Defence: LCol André Dufour, Director, Law Military Personnel, Office of the Judge Advocate General; Col Michael R. Gibson, Deputy Judge Advocate General of Military Justice, Office of the Judge Advocate General.

 
Pursuant to the Order of Reference of Wednesday, December 12, 2012, the Committee resumed consideration of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.
 

The Committee resumed its clause-by-clause study of the Bill.

 

The Committee resumed clause-by-clause consideration on Clause 68 of the Bill.

 

After debate, Clause 68 carried.

 

Clause 69 carried.

 

Clause 70 carried.

 

After debate, Clause 71 carried.

 

Clause 72 carried.

 

Clause 73 carried.

 

Clause 74 carried.

 

On Clause 75,

Chris Alexander moved, — That Bill C-15, in Clause 75, be amended by replacing lines 2 to 4 on page 49 with the following:

“87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to

(i) a severe reprimand,

(ii) a reprimand,

(iii) a fine not exceeding basic pay for one month, or

(iv) a minor punishment;”

Debate arose thereon.

 

Christine Moore moved, — That the amendment be amended by substituting the following for the portion “87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1” :

“83, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1”

 

After debate, the question was put on the subamendment of Christine Moore and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

It was agreed, — That Mr. Harris distribute a document entitled: “Articles 104.02-104.04, section 2 - punishments, Queen's Regulations and Orders for the Canadian Forces”.

 

By unanimous consent, the amendment of Chris Alexander and Clause 75 were allowed to stand.

 

Clause 76 carried.

 

Clause 77 carried.

 

After debate, Clause 78 carried.

 

Clause 79 carried.

 

Clause 80 carried.

 

Clause 81 carried.

 

Clause 82 carried.

 

Clause 83 carried.

 

Clause 84 carried.

 

Clause 85 carried.

 

Clause 86 carried.

 

By unanimous consent, Clauses 87 to 96 inclusive carried severally.

 

Clause 97 carried.

 

Clause 98 carried.

 

After debate, Clause 99 carried.

 

Clause 100 carried.

 

After debate, Clause 101 carried on division.

 

Clause 102 carried.

 

Clause 103 carried.

 

Clause 104 carried.

 

After debate, Clause 105 carried.

 

By unanimous consent, Clauses 106 to 108 inclusive carried severally.

 

By unanimous consent, Clauses 109 to 114 inclusive carried severally.

 

Clause 115 carried.

 

Clause 116 carried.

 

Clause 117 carried.

 

On new Clause 117.1,

 
Jack Harris moved, — That Bill C-15 be amended by adding after line 15 on page 60 the following new clause:

“CRIMINAL RECORDS ACT

117.1 Section 6.1 of the Criminal Records Act is amended by adding the following after subsection (2):

(3) The Commissioner is required to remove without delay all references to the offences referred to in paragraphs 249.27(1)(a) and (b) of the National Defence Act from the automated criminal records retrieval system.”

 

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

 

By unanimous consent, Clauses 118 to 135 inclusive carried severally.

 

On Clause 11,

The Committee reverted to the consideration of the amendment of Jack Harris previously stood which read as follows:

That Bill C-15, in Clause 11, be amended by replacing lines 21 to 28 on page 6 with the following:

“(1.1) Section 29.16 of the Act is amended by adding the following after subsection (2):

(2.01) At least 60% of the members of the Grievances Committee must never have been officers or non-commissioned members.”

 

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

 

Clause 11 carried on division.

 

On Clause 75,

The Committee reverted to the consideration of the amendment of Chris Alexander previously stood which read as follows:

That Bill C-15, in Clause 75, be amended by replacing lines 2 to 4 on page 49 with the following:

“87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to

(i) a severe reprimand,

(ii) a reprimand,

(iii) a fine not exceeding basic pay for one month, or

(iv) a minor punishment;”

 

Christine Moore moved, — That the amendment be amended by substituting the following for the portion “87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1” :

“87, 89, 90, 91, 95, 96, 97, 98, 99, 101, 101.1”

 

After debate, the question was put on the subamendment of Christine Moore and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

Jack Harris moved, — That the Committee do now adjourn.

 

The question was put on the motion and it was negatived on the following recorded division:YEAS: Tarik Brahmi, Jack Harris, Jean-François Larose, Christine Moore — 4; NAYS: Chris Alexander, Corneliu Chisu, Cheryl Gallant, John McKay, Rick Norlock, Ted Opitz, Mark Strahl — 7.

 

Christine Moore moved, — That the amendment be amended by substituting the following for the portion “87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1” :

“87, 89, 90, 91, 95, 96, 97, 99, 100, 101, 101.1”

 

After debate, the question was put on the subamendment of Christine Moore and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

At 6:37 p.m., Jack Harris took the Chair.

 

At 6:40 p.m., James Bezan took the Chair.

 

Christine Moore moved, — That the amendment be amended by substituting the following for the portion “102, 103, 108, 109, 112, 116, 117, 118” :

“102, 103, 108, 109, 112, 113, 116, 117, 118”

 

After debate, the question was put on the subamendment of Christine Moore and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

Jack Harris moved, — That the amendment be amended by substituting the following for the portion “(iii) a fine not exceeding basic pay for one month, or” :

“(iii) a fine, or”

 

The question was put on the subamendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

After debate, the question was put on the amendment of Chris Alexander and it was agreed to on the following recorded division: YEAS: Chris Alexander, Corneliu Chisu, Cheryl Gallant, Jack Harris, Christine Moore, Rick Norlock, Ted Opitz, Ève Péclet, Mark Strahl, Philip Toone — 10; NAYS: — 0.

 
Jack Harris moved, — That Bill C-15, in Clause 75, be amended by adding after line 7 on page 49 the following:

“ (1.1) A person who is convicted by summary trial of an offence, or who has been so convicted before the coming into force of this subsection, has not been convicted of a criminal offence.”

 

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 
Jack Harris moved, — That Bill C-15, in Clause 75, be amended

(a) by adding after line 7 on page 49 the following:

“(1.1) The Judge Advocate General of the Canadian Forces shall without delay transmit to the Commissioner of the Royal Canadian Mounted Police the list of convictions referred to in subsection (1) to be removed from the automated criminal records retrieval system.”

(b) by replacing line 10 on page 49 with the following:

“purposes of the Criminal Records Act and the Commissioner of the Royal Canadian Mounted Police is required to remove without delay all references to those offences from the automated criminal records retrieval system.”

 

The question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

It was agreed, — That Mr. Harris distribute a document entitled: “Notes for possible amendments to Bill C-15”.

 

Clause 75, as amended, carried on division.

 

Clause 1, Short Title, carried on division.

 

The Title carried on division.

 

The Bill, as amended, carried on division.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-15, as amended, be reprinted for the use of the House at report stage.

 

At 9:42 p.m., the Committee adjourned to the call of the Chair.

 



Leif-Erik Aune
Clerk of the Committee

 
 
2013/06/19 12:34 p.m.
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