An Act to amend the National Defence Act (military judges)

Short title: Security of Tenure of Military Judges Act Bill C-16 (41-1) Status: Royal assent received Type: House Government Bill Sponsor: Peter Gordon MacKay, Minister of National Defence (Central Nova) Latest stage: Royal assent Legislative

summary <div>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.<br/><br/>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.<br/><br/>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.<br/><br/>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. <br/><br/>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.</div> House of Commons — First reading: Completed (2011-10-07) House of Commons — Second reading: Completed (2011-11-04) House of Commons — Consideration in committee: Completed (2011-11-15) House of Commons — Report stage: Completed (2011-11-16) House of Commons — Third reading: Completed (2011-11-16) Senate — First reading: Completed (2011-11-16) Senate — Second reading: Completed (2011-11-22) Senate — Consideration in committee: Completed (2011-11-24) Senate — Third reading: Completed (2011-11-29) LEGISinfo: https://www.parl.ca/legisinfo/en/bill/41-1/c-16