NDDN Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 51

Wednesday, March 2, 2011

The Standing Committee on National Defence met at 3:33 p.m. this day, in Room 362, East Block, the Chair, the Hon. Maxime Bernier, presiding.

Members of the Committee present: Claude Bachand, Hon. Maxime Bernier, Ray Boughen, Peter Braid, Hon. Ken Dryden, Cheryl Gallant, Jack Harris, Hon. Laurie Hawn, Hon. Dominic LeBlanc, Pascal-Pierre Paillé, LaVar Payne and Hon. Bryon Wilfert.

Acting Members present: Hon. Geoff Regan for Hon. Bryon Wilfert.

In attendance: Library of Parliament: Anna Gay, Analyst ; Melissa Radford, Analyst . House of Commons: Lucie Tardif-Carpentier, Legislative Clerk ; Monique Hamilton, Legislative Clerk.

Witnesses: Department of National Defence: VAdm Bruce Donaldson, Vice-Chief of the Defence Staff; André Dufour, Director, Directorate of Law / Military Personnel; Col Alain Gauthier, Director General, Canadian Forces Grievances Authority; Michael R. Gibson, Director, Strategic Legal Analysis; Patrick K. Gleeson, Deputy Judge Advocate General, Military Justice and Administrative Law; Timothy Grubb, Canadian Forces Provost Marshal.

Pursuant to the Order of Reference of Monday, December 6, 2010, the Committee resumed consideration of Bill C-41, An Act to amend the National Defence Act and to make consequential amendments to other Acts.

VAdm Bruce Donaldson made a statement and, with Col Alain Gauthier and Col Timothy Grubb, answered questions.

At 4:32 p.m., the sitting was suspended.

At 4:42 p.m., the sitting resumed.

The Committee proceeded to the consideration of matters related to Committee business.

It was agreed, — That, in relation to the study of search and rescue response times, the proposed budget in the amount of $35,500 be adopted.

It was agreed, — That, in relation to the study of Bill C-41, An Act to amend the National Defence Act, the proposed budget in the amount of $11,650 be adopted.

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

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

At 4:54 p.m., the sitting was suspended.

At 5:01 p.m., the sitting resumed.

On Clause 2,

Claude Bachand moved, — That Bill C-41, in Clause 2, be amended by deleting lines 13 to 17 on page 1.

After debate, the question was put on the amendment of Claude Bachand and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

Clause 2 carried.

Clause 3 carried.

On Clause 4,

Claude Bachand moved, — That Bill C-41, in Clause 4, be amended by deleting lines 11 to 23 on page 4.

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.

Clause 4 carried.

Clause 5 carried.

On Clause 6,

Claude Bachand moved, — That Bill C-41, in Clause 6, be amended by replacing lines 40 and 41 on page 4 with the following:

“considered and determined by the Grievances Committee. The Committee’s decision is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.”

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

At 5:31 p.m., the Committee adjourned to the call of the Chair.

Jean-François Lafleur
Clerk of the Committee

2011-03-03 4:21 p.m.