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MINUTES OF PROCEEDINGS

Meeting No. 52

Monday, March 7, 2011

The Standing Committee on National Defence met at 3:31 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, Hon. Ken Dryden, Cheryl Gallant, Jack Harris, Hon. Laurie Hawn, Pascal-Pierre Paillé, LaVar Payne and Hon. Bryon Wilfert.

Acting Members present: Hon. Larry Bagnell for Hon. Dominic LeBlanc, Rodger Cuzner for Hon. Dominic LeBlanc and Bev Shipley for Peter Braid.

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

Witnesses: Department of National Defence: Michael R. Gibson, Director, Strategic Legal Analysis; Patrick K. Gleeson, Deputy Judge Advocate General, Military Justice and Administrative Law.

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.

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

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

On Clause 6,

Claude Bachand moved, — That Bill C-41, in Clause 6, be amended by replacing line 2 on page 5 with the following:

“final authority in the grievance process including for the settlement of financial claims, and shall”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

Jack Harris moved, — That Bill C-41, in Clause 6, be amended by replacing line 3 on page 5 with the following:

“(a) decide all matters relating to a grievance, including financial matters; and

(b) deal with all matters as informally and expedi-”

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 overturned, by a show of hands: YEAS: 5; NAYS: 6.

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.

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

On Clause 7,

Claude Bachand moved, — That Bill C-41, in Clause 7, be amended by replacing lines 11 and 12 on page 5 with the following:

“in Council to the Grievances Committee for”

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 7 carried by a show of hands: YEAS: 8; NAYS: 2.

On Clause 8,

Claude Bachand moved, — That Bill C-41, in Clause 8, be amended by replacing lines 27 to 32 on page 5 with the following:

“of a grievance if the Chief of the Defense Staff does not act on a finding or recommendation of the Grievances Committee.”

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 8 carried by a show of hands: YEAS: 7; NAYS: 2.

On Clause 9,

Claude Bachand moved, — That Bill C-41, in Clause 9, be amended by replacing lines 39 to 44 on page 5 with the following:

“to the Chief of the Defence Staff, except that a grievance submitted by an officer may be delegated only to an officer of equal or higher rank.”

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.

Claude Bachand moved, — That Bill C-41, in Clause 9, be amended by adding after line 6 on page 6 the following:

“(2.1) An officer shall regularly report to the Chief of the Defence Staff on the exercise of any powers, duties or functions delegated to him or her under subsection (1).”

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

On new Clause 9.1,

Jack Harris moved, — That Bill C-41 be amended by adding after line 9 on page 6 the following new clause:

“9.1 The Act is amended by adding the following after section 29.15:

29.151 (1) When a grievance has been submitted by an officer or non-commissioned member in accordance with the regulations referred to in subsection 29(3), the decision of the final authority with respect to the grievance must be given in writing to the officer or non-commissioned member within 12 months of the submission of the grievance.

(2) If the 12-month period referred to in subsection (1) has elapsed and the officer or non-commissioned member has not received the decision of the final authority with respect to the grievance, the officer or non-commissioned member may apply to the Federal Court for such relief as the Court considers appropriate.

(3) The Federal Court shall award any officer or non-commissioned member who makes an application under subsection (2) costs on a solicitor-client basis, regardless of the outcome of the application.

(4) Subsections (1) to (3) do not apply to any grievance that is required by regulation to be personally adjudicated by the Chief of the Defence Staff.”

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 10 carried.

On Clause 11,

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

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

(2.1) No officer or non-commissioned member may be appointed as a member of the Grievances Committee and at least 60% of the members must never have been an officer or a non-commissioned member.”

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, Clauses 12 to 34 inclusive carried.

At 5:26 p.m., the Committee adjourned to the call of the Chair.

Jean-François Lafleur
Clerk of the Committee

2011-03-08 3:47 p.m.