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Backgrounder
Bill C-25 Five Year Review
BG–03.048a - November 5, 2003
In March 2003, former Chief Justice of the Supreme Court of Canada, the Right Honourable Antonio Lamer, was selected by Minister McCallum to conduct an independent review of Bill C-25. On November 5, 2003, the Honourable John McCallum, Minister of National Defence, tabled the report on the first independent review of Bill C-25 (An Act to Amend the National Defence Act) in Parliament. The Minister also tabled his comments on the report.
Bill C-25 requires the Minister of National Defence to initiate an independent review of the provisions and operation of the Bill every five years, and to table a report of the review in Parliament. The review dealt only with the changes Bill C-25 made to the National Defence Act and not the entire Act. The report on the first five-year review had to be submitted to Parliament no later than December 10, 2003.
Bill C-25 made comprehensive amendments to the National Defence Act, most of which came into force on September 1, 1999. The changes to the Act dealt mainly with the military justice system, modernizing the Code of Service Discipline and promoting integrity and fairness within the system by:
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clarifying the roles and responsibilities of its various actors;
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clearly separating, on an institutional basis, the system's investigative, prosecutorial, defence and judicial functions;
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completing summary trial reform;
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strengthening oversight and review; and
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eliminating the death penalty.
Bill C-25 also made a number of amendments to the Act in non-military justice areas, including:
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provision for the Vice Chief of the Defence Staff and acting Chief of the Defence Staff;
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the creation of the Canadian Forces Grievance Board and the Military Police Complaints Commission;
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statutory provision for the performance of public service duties by the Canadian Forces; and
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a streamlined process for amending pay and allowances for Canadian Forces members.
The amendments made by Bill C-25 represent approximately 45 per cent of the provisions in the current Act.
The review process is part of Defence's commitment to a fair and effective military justice system. Former Chief Justice Lamer enjoyed complete access to DND employees and CF members, as well as the Canadian Forces Grievance Board, and the Military Police Complaints Commission.
Former Chief Justice Lamer is a distinguished, well-respected and senior member of the Canadian legal community who is also recognized internationally for his extensive legal experience and expertise. In addition, former Chief Justice Lamer has maintained an ongoing interest in military matters for more than 50 years.
The appointment of a former Supreme Court Chief Justice to lead the review was consistent with recent reviews of the National Defence Act. In particular, former Chief Justice of the Supreme Court of Canada, the Right Honourable Brian Dickson, was appointed in 1997 to conduct two reviews of the military justice system that formed the basis for the Bill C-25 amendments to the National Defence Act.
The Minister of National Defence will report publicly, as appropriate, on progress in implementing the report's recommendations.
For more information about Bill C-25:
http://www.forces.gc.ca/site/Newsroom/view_news_e.asp?id=534
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