NDDN Committee Meeting

The Standing Committee on National Defence met at 3:30 p.m. this day, in Room 362, East Block, the Chair, the Hon. Maxime Bernier, presiding.

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

Col Patrick K. Gleeson and LCol Michael R. Gibson answered questions.

The Committee resumed clause-by-clause consideration on Clause 11 of the Bill.

On Clause 11,

“(1.1) Subsection 29.16(7) of the Act is replaced by the following:

(7) Members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.”

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

By unanimous consent, it was agreed, — That the result of the vote on a previous amendment be applied to the following three (3) amendments which are therefore also adopted:

That Bill C-41, in Clause 11, be amended by adding after line 20 on page 6 the following:

“(1.1) Subsection 29.16(8) of the Act is replaced by the following:

(8) Members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.”

That Bill C-41, in Clause 11, be amended by adding after line 20 on page 6 the following:

“(1.1) The portion of subsection 29.16(9) of the Act before paragraph (a) is replaced by the following:

(9) Members are deemed”

That Bill C-41, in Clause 11, be amended by replacing lines 21 to 28 on page 6 with the following:

“(2) Subsection 29.16(10) of the Act is repealed.”

“(1.1) Section 29.16 of the Act is amended by adding the following after subsection (3):

(3.1) Despite subsection (3), where a matter has been referred to the Grievances Committee and the term of appointment of a member who has been participating in the consideration of the matter expires, or the member resigns, before the Grievances Committee concludes its consideration of the matter or gives a decision, the member, solely for the purpose of the Grievances Committee concluding its consideration of the matter or giving its decision, shall continue to be considered a member of the Grievances Committee.”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Clause 11, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

On Clause 35,

“(1.3) Despite any other law, a conviction under this section shall not be included in the accused person’s judicial record.

(1.4) Nothing in subsection (1.3) precludes the creation of a service discipline record.”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Clause 35 carried.

Clause 36 carried.

By unanimous consent, Clauses 37 to 40 inclusive carried.

On Clause 41,

After debate, the question was put on the amendment of Claude Bachand and it was negatived, by a show of hands: YEAS: 2; NAYS: 8.

By unanimous consent, it was agreed, — That the result of the vote on a previous amendment be applied to the following three (3) amendments which are therefore also negatived:

That Bill C-41, in Clause 43, be amended by replacing lines 34 and 35 on page 19 with the following:

“designate a military judge to be the Chief Military”

That Bill C-41, in Clause 44, be amended by replacing lines 2 and 3 on page 20 with the following:

“authorize any military judge to exercise and”

That Bill C-41, in Clause 45, be amended by replacing lines 9 and 10 on page 20 with the following:

“nate a military judge to be the Deputy Chief Military”

Clause 41 carried.

By unanimous consent, Clauses 42 to 46 inclusive carried.

On Clause 47,

“(7) Despite subsection (2), if the accused person is a non-commissioned member, the panel is composed of one officer and four non-”

After debate, the question was put on the amendment of Claude Bachand and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Clause 47 carried.

By unanimous consent, Clauses 48 to 61 inclusive carried.

On Clause 62,

“absolutely or on the conditions prescribed in a probation order made under subsection 203.81(2).”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also inadmissible:

“Probation

203.81 (1) Where an offender is convicted of an offence, a service tribunal may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission,

(a) if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or

(b) in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order.

(2) A court may also make a probation order where it discharges an accused under subsection 203.8(1).”

Clause 62 carried.

By unanimous consent, Clauses 63 to 74 inclusive carried.

On Clause 75,

“(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.”

Debate arose thereon.

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 75 was allowed to stand.

Clause 76 carried.

On Clause 77,

“77. (1) Section 250.1 of the Act is amended by adding the following after subsection (3):

(3.1) Despite subsection (3), where a matter has been referred to the Complaints Commission and the term of appointment of a member who has been participating in the consideration of the matter expires, or the member resigns, before the Complaints Commission concludes its consideration of the matter or gives a decision, the member, solely for the purpose of the Complaints Commission concluding its consideration of the matter or giving its decision, shall continue to be considered a member of the Complaints Commission.

(2) Subsection 250.1(11) of the French”

The Chair ruled the proposed amendment inadmissible because it was not relevant to the subject-matter of the clause, as provided on pages 763 and 766 of House of Commons Procedure and Practice, Second Edition.

Whereupon, Jack Harris appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained, by a show of hands: YEAS: 8; NAYS: 3.

Clause 77 carried.

By unanimous consent, Clauses 78 to 100 inclusive carried.

On Clause 101,

“(a) sections 18.3 to 18.6;

(a.1) sections 29 to 29.28;”

After debate, the question was put on the amendment of Laurie Hawn and it was agreed to.

Clause 101, as amended, carried.

By unanimous consent, Clauses 102 to 134 inclusive carried.

At 5:19 p.m., the sitting was suspended.

At 5:20 p.m., the sitting resumed.

On Clause 135,

“45, 106, 109 to 113, 115, 116, 122 to”

After debate, the question was put on the amendment of Claude Bachand and it was agreed to.

By unanimous consent, it was agreed, — That the result of the vote on a previous amendment be applied to the following amendment which is therefore also adopted:

That Bill C-41, in Clause 135, be amended by adding after line 3 on page 67 the following:

“(3) Sections 101 and 117 come into force two years after the day on which this Act receives royal assent.”

Clause 135, as amended, carried.

At 5:22 p.m., the Committee adjourned to the call of the Chair.