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FederalPassed41st Parliament, 1st Session

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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 1st Session
Bill number
Bill C-16
Full title
An Act to amend the National Defence Act (military judges)
Current status
Passed
Latest event
Royal assent received
Last updated
Nov 29, 2011

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.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
Nov 29, 2011
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

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.

What It Means

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.

What This Bill Does
  • 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
Who Is Affected
  • 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
Rights, Duties, Or Obligations
  • 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
Important Dates
  • 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
Enforcement Or Penalties
  • The bill does not specify enforcement mechanisms or penalties; it establishes procedural requirements for removal and resignation of military judges
Uncertainties Or Limits
  • 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
Laws Or Regulations Affected
National Defence Act, subsection 165.21(2)
amended

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

National Defence Act, subsections 165.21(3) and 165.21(4)
amended

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 text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on 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 LEGISinfo

Parliamentary Process

Step 1
First reading
Nov 16, 2011
Completed

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.

First reading, Nov 16, 2011
End of stage activity, Nov 16, 2011
Chamber sittings
First reading - Nov 16, 2011

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.

Step 2
Second reading
Nov 22, 2011
Completed

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.

Second reading, Nov 22, 2011
Referral to committee, Nov 22, 2011
End of stage activity, Nov 22, 2011
Chamber sittings
Debate at second reading - Nov 22, 2011

On November 22, 2011, the Senate debated and referred Bill C-16 concerning military judges to committee, alongside other routine business and policy discussions.

We don't have a plain-language summary for Sponsor’s speech yet. The official source linked below is the full record.

Step 3
Consideration in committee
Nov 24, 2011
Completed

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.

Committee report presented, Nov 24, 2011
End of stage activity, Nov 24, 2011
Chamber sittings
Committee report presented - Nov 24, 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.

Step 4
Third reading
Nov 29, 2011
Completed

Bill C-16, concerning military judges, completed its legislative journey through the Senate and House of Commons, receiving royal assent on November 29, 2011.

Third reading, Nov 29, 2011
End of stage activity, Nov 29, 2011
Chamber sittings
Debate at third reading - Nov 29, 2011

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.

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.

Step 1
First reading
Oct 7, 2011
Completed

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.

Introduction and first reading, Oct 7, 2011
End of stage activity, Oct 7, 2011
Chamber sittings
Introduction and first reading - Oct 7, 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.

Step 2
Second reading
Nov 4, 2011
Completed

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.

Second reading and referral to committee, Nov 4, 2011
End of stage activity, Nov 4, 2011
Chamber sittings
Debate at second reading - Nov 4, 2011

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 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.

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, 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.

Step 3
Consideration in committee
Nov 15, 2011
Completed

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.

Committee report presented, Nov 15, 2011
End of stage activity, Nov 15, 2011
Chamber sittings
Committee report presented - Nov 15, 2011

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.

Step 4
Report stage
Nov 16, 2011
Completed

The House of Commons completed the Report stage for Bill C-16 on November 16, 2011, and the bill later received royal assent.

Concurrence at report stage, Nov 16, 2011
End of stage activity, Nov 16, 2011
Chamber sittings
Concurrence at report stage - Nov 16, 2011

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.

Step 5
Third reading
Nov 16, 2011
Completed

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.

Third reading, Nov 16, 2011
End of stage activity, Nov 16, 2011
Chamber sittings
Third reading - Nov 16, 2011

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.

Step 1
Royal assent
Nov 29, 2011
Royal assent, Nov 29, 2011
End of stage activity, Nov 29, 2011
Chamber sittings
Royal assent - Nov 29, 2011

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

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Peter Gordon MacKay
Sponsor party or district not listed
Jurisdiction
Federal Parliament

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