Bill C-16 explained in plain English
An Act to amend the National Defence Act (military judges)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill C-16 amends the National Defence Act to establish security of tenure for military judges, allowing removal only for cause through an inquiry committee process.
Bill C-16, titled the Security of Tenure of Military Judges Act, makes changes to how military judges can be removed from office. The bill establishes that military judges hold their positions based on good behaviour. Previously, the rules around their job security were less clear. This bill sets out three ways a military judge's tenure ends: (1) when the judge requests release from the Canadian Forces, (2) when the judge reaches age 60, or (3) when the judge resigns by written notice to the Minister. The bill also establishes that a military judge can only be removed for cause (meaning for a valid reason) by the Governor in Council (the federal cabinet), and only on the recommendation of an Inquiry Committee established through regulations made by the Governor in Council. This means military judges cannot be fired or removed arbitrarily—there must be a proper process. The bill received Royal Assent on November 29, 2011.
- Amends subsection 165.21(2) of the National Defence Act to state that military judges hold office during good behaviour and may be removed by the Governor in Council for cause only on the recommendation of an Inquiry Committee
- Establishes the process for removal of military judges, requiring both a recommendation from an Inquiry Committee and approval by the Governor in Council
- Clarifies that military judges cease to hold office when they request release from the Canadian Forces or when they reach age 60
- Establishes the process for military judges to resign by providing written notice to the Minister, with the resignation taking effect either when the Minister receives it or on a later date specified in the notice
- Creates the framework for establishing an Inquiry Committee through regulations made by the Governor in Council to handle removal proceedings
- Military judges serving in the Canadian Armed Forces
- The Governor in Council (federal cabinet), which gains authority to remove military judges for cause
- The Minister of National Defence, who receives resignation notices from military judges
- Members of future Inquiry Committees that will be established through regulation to handle removal proceedings
- The Canadian Forces and Department of National Defence, which must implement the new tenure and removal procedures
- Military judges have the right to hold office during good behaviour without arbitrary removal
- Military judges can only be removed for cause through a formal Inquiry Committee recommendation and Governor in Council approval
- Military judges have the right to resign by providing written notice to the Minister
- Military judges cease to hold office at age 60 or upon requesting release from the Canadian Forces
- The Governor in Council has authority to establish an Inquiry Committee through regulation to handle removal proceedings for cause
- The resignation of a military judge takes effect either when the Minister receives the written notice or on a later date specified in the notice
- Bill received Royal Assent on November 29, 2011
- Military judges reaching age 60 cease to hold office
- The bill does not specify a separate commencement date; it appears to apply from the date of Royal Assent
- The bill does not specify enforcement mechanisms or penalties; it establishes procedural requirements for removal and resignation of military judges
- The bill does not provide details about the composition, procedures, or specific criteria the Inquiry Committee will use when assessing whether a military judge should be removed for cause—these details are to be established through regulations made by the Governor in Council
- The bill does not define what constitutes 'cause' for removal; this will be determined through the regulatory process and possibly through common law development
- The bill does not specify a commencement date separate from Royal Assent, though amendments to the National Defence Act are stated to be as of November 29, 2011
- The bill does not address whether existing military judges in office are affected by the new tenure rules or whether the changes apply only to future appointments
Changed to establish that military judges hold office during good behaviour and may only be removed for cause by the Governor in Council on recommendation of an Inquiry Committee, replacing previous provisions
Source: Section 2(1) of Bill C-16
Replaced to clarify the circumstances under which military judges cease to hold office (release from Canadian Forces at their request or reaching age 60) and establish the formal resignation process requiring written notice to the Minister
Source: Section 2(2) of Bill C-16
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textThe official summary published alongside the bill, shown exactly as written.
Source: Parliament of Canada (LEGISinfo)
A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 7 October 2011, the Minister of National Defence introduced Bill C-16, An Act to amend the National Defence Act (military judges) (Security of Tenure of Military Judges Act), in the House of Commons and it was given first reading. On June 2, 2011 the Court Martial Appeal Court of Canada delivered its judgment in the R. v. Leblanc case. In its decision, the appeal court determined that the provisions in the National Defence Act and the Queen’s Regulations and Orders for the Canadian Forces regarding the appointment and retirement of military judges do not sufficiently respect judicial independence as required by section 11(d) of the Canadian Charter of Rights and Freedoms. In declaring certain National Defence Act provisions constitutionally invalid and inoperative, the Court Martial Appeal Court in R. v. Leblanc suspended the declaration of invalidity for a period of six months to allow remedial legislation to be enacted. The declaration will be effective December 2, 2011. Bill C-16 amends the provisions of the National Defence Act that deal with the tenure of military judges, providing that they serve until the retirement age of 60 years, unless removed for cause on the recommendation of an Inquiry Committee or upon the resignation of the military judge.
This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.
View on LEGISinfoParliamentary Process
This artifact details the First Reading of Bill C-16 in the Senate on November 16, 2011, and notes its subsequent progression through parliamentary stages to receive Royal Assent on November 29, 2011.
This record describes the initial stage of Bill C-16 in the Senate, known as First Reading, which took place on November 16, 2011. This is a formal step where the bill is introduced. The artifact also notes that the bill ultimately received Royal Assent on November 29, 2011, becoming a statute. It also indicates that the bill proceeded through various stages in both the House of Commons and the Senate, including Second Reading, Committee Consideration, and Third Reading, with dates provided for these proceedings.
During this Senate sitting, Bill C-16 concerning military judges received its first reading, and various other matters were discussed, including the Canadian Wheat Board and public safety.
This document is a record of the Senate proceedings on November 16, 2011. The Senate debated various topics including the Canadian Wheat Board, public safety, economic growth, and international tolerance. A key procedural event was the first reading of Bill C-16, an Act to amend the National Defence Act concerning military judges. This reading signifies the bill's introduction into the Senate.
The Senate completed its second reading of Bill C-16 on November 22, 2011, after which the bill proceeded through further stages and received royal assent.
This artifact indicates that Bill C-16, an Act to amend the National Defence Act regarding military judges, completed its second reading stage in the Senate on November 22, 2011. This means the Senate discussed and approved the bill in principle at this stage before it moved to further consideration. The bill ultimately received royal assent on November 29, 2011, becoming law.
On November 22, 2011, the Senate debated and referred Bill C-16 concerning military judges to committee, alongside other routine business and policy discussions.
This document records a sitting of the Senate on November 22, 2011. The sitting included various Senate proceedings such as Senators' Statements, Routine Proceedings, Question Period, and Orders of the Day. A key item under Orders of the Day was the second reading of Bill C-16, An Act to amend the National Defence Act (military judges), which was subsequently referred to a committee. The sitting also featured debates and discussions on other matters, including the Statutes Repeal Act, the Marketing Freedom for Grain Farmers Bill, and various committee reports and studies.
We don't have a plain-language summary for Sponsor’s speech yet. The official source linked below is the full record.
The Senate completed its committee consideration of Bill C-16, an Act to amend the National Defence Act (military judges), on November 24, 2011, before the bill received Royal Assent.
This artifact describes the 'Senate Consideration in committee' stage for Bill C-16, which is an Act to amend the National Defence Act concerning military judges. This stage was completed on November 24, 2011. The bill later received Royal Assent on November 29, 2011.
During a Senate sitting on November 24, 2011, Bill C-16, concerning military judges, was reported from committee without amendment, and subsequently placed on the Order Paper for third reading.
The Senate met and proceeded through various routine proceedings, including tabling reports from parliamentary delegations and committees. During the Question Period, discussions focused on the Auditor General's reports concerning job creation in the Economic Action Plan, pharmaceutical drug trials, and the maintenance of military equipment. The Senate also debated several bills, including Bill C-13 (Keeping Canada's Economy and Jobs Growing Bill) and Bill C-18 (Marketing Freedom for Grain Farmers Bill). A key procedural event for Bill C-16 (An Act to amend the National Defence Act) was the presentation of the Sixth Report of the Standing Senate Committee on Legal and Constitutional Affairs, which reported the bill without amendment. The Senate then moved to place Bill C-16 on the Orders of the Day for third reading.
Bill C-16, concerning military judges, completed its legislative journey through the Senate and House of Commons, receiving royal assent on November 29, 2011.
This record indicates that Bill C-16, an Act to amend the National Defence Act concerning military judges, completed its third reading in the Senate on November 16, 2011. Following this, the bill proceeded through its stages in the House of Commons, receiving first reading on November 16, 2011, and second reading on November 22, 2011. The bill then went through committee consideration on November 23 and 24, 2011. Finally, the bill received royal assent on November 29, 2011, becoming Statutes of Canada 2011, chapter 22. The provided text outlines the procedural steps and dates of these actions.
During a Senate sitting on November 29, 2011, Bill C-16, concerning military judges, successfully passed its third reading and received royal assent, alongside other routine proceedings and debates.
This artifact details a Senate sitting on November 29, 2011, which included various procedural activities such as tabling reports, presenting petitions, and debating bills. A key procedural event was the third reading and subsequent passing of Bill C-16, An Act to amend the National Defence Act (military judges). The sitting also featured discussions on National Child Day, military and veterans' health research, Senate financial statements, and the HMCS Charlottetown's service. Other items on the agenda included discussions on violence against women, congratulations for football successes, and various notices of motion. The Senate also received royal assent for several bills, including Bill C-16.
On November 29, 2011, the Senate debated and passed Bill C-16 concerning military judges at its third reading, alongside other routine proceedings, inquiries, and debates on various social and financial matters.
This document contains the Senate debates from November 29, 2011. The primary procedural item discussed related to Bill C-16, the Act to amend the National Defence Act concerning military judges. The Senate debated and passed this bill at its third reading. Other discussions included tributes to Tom Kent, National Child Day, the Military and Veterans Health Research Institute, Senate financial statements, the HMCS Charlottetown, an awareness campaign on violence against women, and congratulations on football successes. Several other bills and inquiries were also mentioned or debated, including the Financial System Review Act, the Railway Safety Act, the World Autism Awareness Day Bill, and private bills. There were also questions raised regarding services in Attawapiskat First Nation, the Post-Secondary Student Support Program, Employment Insurance processing centres, and Canadian Wheat Board records. Finally, discussions touched on human rights in Iran, the use of landmines and cluster munitions, and the recognition of Human Rights Day.
Bill C-16, concerning military judges, was introduced at its first reading in the House of Commons on October 7, 2011, and later received royal assent on November 29, 2011.
This record describes the first reading of Bill C-16 in the House of Commons on October 7, 2011. First reading is a preliminary step where a bill is introduced in the House. The official text indicates that the bill eventually received royal assent on November 29, 2011, and became chapter 22 of the Statutes of Canada 2011.
During a Senate sitting, Bill C-16, concerning military judges, received first reading, with the majority of debate focusing on unrelated matters, particularly the Canadian Wheat Board.
This artifact details a Senate sitting where Bill C-16, an Act to amend the National Defence Act concerning military judges, was introduced and given first reading. The majority of the sitting involved discussions on various other topics, including statements on public safety, economic growth in Nunavut, a tribute to Claire Martin, and extensive debate on Bill C-18 concerning the Canadian Wheat Board. The introduction of Bill C-16 itself was a brief procedural event.
On November 4, 2011, the House of Commons completed the second reading stage of Bill C-16, agreeing to it and referring it to committee after sponsor and response speeches.
This record describes the second reading stage of Bill C-16 in the House of Commons on November 4, 2011. At this stage, the bill was "Agreed to", meaning it passed this procedural step and was referred to committee. The artifact indicates that a sponsor's speech and a response speech were given on this date.
In a second reading debate, the House of Commons discussed Bill C-16, aiming to ensure the independence of military judges by granting them tenure until age 60, in response to a court ruling that found the current appointment system unconstitutional.
During the second reading debate of Bill C-16, an Act to amend the National Defence Act (military judges), Members of Parliament discussed the need to ensure the independence and proper functioning of the military justice system. The debate focused on a recent court decision that found the current five-year renewable term for military judges unconstitutional, requiring Parliament to pass remedial legislation by December 2, 2011. The bill proposes to grant military judges security of tenure until the age of 60. The discussion also touched on the interplay between military hierarchy and judicial independence, the history of previous attempts to amend the National Defence Act, and the importance of aligning military justice with Canadian values and civilian legal standards. A procedural dispute arose regarding the government's refusal to allow statements on Remembrance Day, which led to a blockage of a motion to expedite the bill's passage.
During the House of Commons debate at second reading, the government introduced Bill C-16 to amend the National Defence Act, aiming to ensure the independence of military judges by granting them security of tenure, in response to a court ruling that found the current system unconstitutional.
During the second reading debate of Bill C-16, the Parliamentary Secretary to the Minister of National Defence spoke in support of the bill, emphasizing its necessity for the proper functioning of the military justice system. He explained that the bill addresses a court ruling that found the current appointment process for military judges to be unconstitutional, as it did not sufficiently guarantee judicial independence. The ruling required Parliament to pass amending legislation within six months. The parliamentary secretary highlighted that this issue had been raised in previous Parliaments and that the bill aimed to provide military judges with security of tenure until age 60. He also noted that the bill, along with Bill C-15, represented a comprehensive response to recommendations for modernizing the military justice system. Other members from the NDP and Liberal parties also spoke, generally agreeing with the bill's objectives but raising concerns about procedural matters and the government's handling of the legislative agenda.
In the House of Commons, a debate occurred at the second reading stage of Bill C-16, concerning the security of tenure for military judges, with discussion focusing on judicial independence and the implications of a recent court ruling.
During a House of Commons debate on Bill C-16, An Act to amend the National Defence Act (military judges), the Parliamentary Secretary to the Minister of National Defence spoke in support of the bill. The debate focused on the need to ensure the independence of military judges, which had been challenged by a court decision. The bill proposed to grant military judges security of tenure until age 60. Opposition members also spoke, with discussions touching on the bill's passage, the importance of the Charter of Rights and Freedoms, and procedural matters related to other House business. The debate included exchanges about the government's handling of the bill and the process for its advancement.
During a House of Commons debate on Bill C-16, Members discussed amendments to the National Defence Act to ensure judicial independence for military judges, prompted by a court ruling, and the bill was subsequently referred to committee.
This document is a record of a debate in the House of Commons on Bill C-16, concerning the security of tenure for military judges. The debate focused on the need to align military justice with the Canadian Charter of Rights and Freedoms, specifically regarding judicial independence. Members discussed the implications of a recent court decision (Regina v. Leblanc) that found the current five-year renewable appointment for military judges unconstitutional. The proposed solution in Bill C-16 was to grant military judges security of tenure until the age of 60. There was also discussion about a procedural disagreement related to Remembrance Day statements which led to a delay in expediting the bill. The bill was ultimately read a second time and referred to committee.
Bill C-16, an Act to amend the National Defence Act concerning military judges, completed its committee stage review in the House of Commons on November 15, 2011.
This record indicates that Bill C-16, concerning military judges, completed the 'Consideration in committee' stage in the House of Commons on November 15, 2011. This stage is where a bill is examined in detail by a committee of the House.
The House of Commons sitting on November 15, 2011, included the report of the Standing Committee on National Defence on Bill C-16 without amendment and extensive debate on Bill C-13, the Keeping Canada's Economy and Jobs Growing Act, covering economic measures, tax credits, and other government priorities.
This document is a record of a sitting of the House of Commons on November 15, 2011. It details routine proceedings where new bills were introduced, committee reports were presented, and discussions took place on various government and private members' business. Specifically, it includes the presentation of the first report of the Standing Committee on National Defence regarding Bill C-16, An Act to amend the National Defence Act (military judges), which was reported back to the House without amendment. The majority of the sitting was dedicated to the debate of Bill C-13, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 and other measures, also known as the Keeping Canada's Economy and Jobs Growing Act. This debate involved numerous speeches from members of various parties, discussing the bill's provisions, economic impacts, tax credits, and proposed changes, alongside discussions on other matters such as international trade, national defence, and public safety.
The House of Commons completed the Report stage for Bill C-16 on November 16, 2011, and the bill later received royal assent.
This artifact details the House of Commons Report stage for Bill C-16, which occurred on November 16, 2011. The report stage was completed on this date. The bill subsequently received royal assent on November 29, 2011, becoming Statutes of Canada 2011, chapter 22.
On November 16, 2011, the House of Commons completed the report stage and third reading of Bill C-16, An Act to amend the National Defence Act (military judges), passing it after debate, and also extensively debated Bill C-13.
This document is a record of a sitting of the House of Commons on November 16, 2011. During this sitting, the House considered Bill C-16, An Act to amend the National Defence Act (military judges). Following discussions, the bill was agreed to at the report stage, read a third time, and passed. The rest of the sitting included various statements by members, oral questions on a range of topics including the economy, national defence, and international trade, as well as routine proceedings such as the tabling of petitions and responses to petitions. Several other bills were introduced and debated. A significant portion of the sitting was dedicated to debate on Bill C-13, the Keeping Canada's Economy and Jobs Growing Act, including the use of time allocation motions and divisions (votes). The sitting concluded with adjournment proceedings.
The House of Commons completed the Third Reading stage of Bill C-16 on November 16, 2011, which subsequently received Royal Assent on November 29, 2011.
This artifact details the House of Commons Third Reading stage for Bill C-16, which occurred on November 16, 2011. This stage was completed, meaning the House of Commons finished its consideration of the bill at this point. The bill later received Royal Assent on November 29, 2011, becoming law.
The House of Commons debated and passed Bill C-16, a bill concerning military judges, and also engaged in extensive debate and voting on Bill C-13, the budget implementation act, alongside other routine parliamentary business.
On November 16, 2011, the House of Commons debated and passed Bill C-16, An Act to amend the National Defence Act (military judges). The sitting also included statements by members on various topics, oral question period where the economy, national defence, and natural resources were discussed, and routine proceedings such as the introduction of new bills and presentation of petitions. The debate on Bill C-13, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 and other measures, involved discussions on time allocation and motions related to its report stage, with several divisions (votes) taken. The sitting concluded with adjournment proceedings where gasoline prices and poverty were discussed.
We don't have a plain-language summary for Royal assent yet. The official source linked below is the full record.
We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced