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 commenced its clause-by-clause study of the Bill.
The witnesses answered questions.
The Chair called Clause 1.
Clause 1 carried on division.
On Clause 2,
Yves Robillard moved, — That Bill C-77, in Clause 2, be amended by replacing, in the French version, line 36 on page 3 with the following:“qui est accusé ou déclaré coupable de l’infraction ou qui”
After debate, the question was put on the amendment of Yves Robillard and it was agreed to.
Clause 2, as amended, carried.
Clause 3 carried.
On Clause 4,
James Bezan moved, — That Bill C-77, in Clause 4, be amended by deleting lines 12 to 16 on page 4.After debate, the question was put on the amendment of James Bezan and it was negatived.
Clause 4 carried on division.
By unanimous consent, Clauses 5 and 6 carried on division.
On Clause 7,
Darren Fisher moved, — That Bill C-77, in Clause 7, be amended by replacing, in the French version, lines 17 and 18 on page 5 with the following:“incarcérés dans un pénitencier ou une prison civile;”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to on division.
“a penitentiary or civil prison; and”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to on division.
“condamné militaire incarcéré dans un pénitencier ou une prison civile;”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.
“contre d’une personne accusée de cette infraction.”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to on division.
Clause 7, as amended, carried on division.
On new Clause 7.1,
Randall Garrison moved, — That Bill C-77 be amended by adding after line 20 on page 11 the following new clause:“7.1 Paragraph 98(c) of the Act is repealed.”
Debate arose thereon.
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Randall Garrison appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Bill Casey, Darren Fisher, Michel Picard, Yves Robillard, Sven Spengemann — 5;
NAYS: James Bezan, Cheryl Gallant, Randall Garrison, Richard Martel — 4.
By unanimous consent, Clauses 8 to 15 inclusive carried on division.
On Clause 16,
Darren Fisher moved, — That Bill C-77, in Clause 16, be amended by replacing, in the French version, line 1 on page 14 with the following:“b) de s’abstenir d’aller dans un lieu précisé dans l’ordonnance;”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to on division.
Clause 16, as amended, carried on division.
By unanimous consent, Clauses 17 to 23 inclusive carried on division.
On Clause 24,
James Bezan moved, — That Bill C-77, in Clause 24, be amended by adding after line 19 on page 17 the following:“161.2 (1) Except in the circumstances prescribed in regulations made by the Governor in Council, a person charged with having committed a service infraction has the right to elect to be tried by court martial.
(2) If a person charged with having committed a service infraction elects to be tried by court martial, the charge must be referred, in accordance with regulations made by the Governor in Council, to the Director of Military Prosecutions.”
After debate, the question was put on the amendment of James Bezan and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
Clause 24 carried on division.
On Clause 25,
James Bezan moved, — That Bill C-77, in Clause 25, be amended by replacing lines 13 to 16 on page 21 with the following:“(a) the person charged is an officer who is at least one rank below the rank of the superior commander, commanding officer or delegated officer, or is a non-commissioned member;”
After debate, the question was put on the amendment of James Bezan and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
(a) by replacing lines 1 and 2 on page 22 with the following:
“163.1 (1) A superior commander who is satisfied beyond a reasonable doubt, at a summary hearing, that a per-”
(b) by replacing lines 6 and 7 on page 22 with the following:
“(2) A commanding officer who is satisfied beyond a reasonable doubt, at a summary hearing, that a person has”
(c) by replacing lines 11 and 12 on page 22 with the following:
“(3) A delegated officer who is satisfied beyond a reasonable doubt, at a summary hearing, that a person has commit-”
After debate, the question was put on the amendment of James Bezan and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
“163.21 (1) A summary hearing may not be conducted unless the superior commander, commanding officer or delegated officer has taken the necessary measures to ensure that a recording or a transcript of the summary hearing is made and that any document or information relating to the hearing and all exhibits filed with it are preserved.
(2) The superior commander, commanding officer or delegated officer shall give reasons for his or her finding.”
After debate, the question was put on the amendment of James Bezan and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
Clause 25, as amended, carried on division.
Clause 26 carried on division.
On Clause 27,
Darren Fisher moved, — That Bill C-77, in Clause 27, be amended by replacing, in the English version, line 4 on page 28 with the following:“the record is in the prosecutor’s possession or control, but, in doing”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to on division.
Clause 27, as amended, carried on division.
Clause 28 carried on division.
On Clause 29,
Darren Fisher moved, — That Bill C-77, in Clause 29, be amended by(a) replacing, in the French version, line 23 on page 44 with the following:
“fraction d’ordre militaire dont il est accusé, s’avoue cou-”
(b) replacing, in the French version, line 28 on page 44 with the following:
“dont il est accusé, déclarer l’accusé coupable de l’infrac-”
(c) replacing, in the French version, line 32 on page 44 with the following:
“(8) Dans le cas où l’accusé est accusé d’une infraction”
(d) replacing, in the French version, line 37 on page 44 with the following:
“il est accusé ou, tout en niant sa culpabilité à l’égard de”
(e) replacing, in the French version, line 4 on page 45 with the following:
“(9) Dans le cas où l’accusé est accusé d’une infraction”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.
Clause 29, as amended, carried on division.
By unanimous consent, Clauses 30 to 36 inclusive carried on division.
On Clause 37,
James Bezan moved, — That Bill C-77, in Clause 37, be amended by replacing line 3 on page 48 with the following:“37 Section 230 of the Act is amended by adding the following after paragraph (a):
(a.01) if the sanction imposed on a person found to have committed a service infraction is detention, reduction in rank or a fine exceeding 25% of basic pay and that finding has been reviewed in accordance with section 163.6, the legality of that finding and the severity of the sanction;
(2) Section 230 of the Act is amended by striking”
After debate, the question was put on the amendment of James Bezan and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
Clause 37 carried on division.
By unanimous consent, Clauses 38 to 42 inclusive carried on division.
At 12:55 p.m., the Committee adjourned to the call of the Chair.