Saturday, July 7, 2018

Random selection

Canada's system for random selection of court-martial members may be under scrutiny after an all-male panel acquitted an accused in a sexual assault case. This editorial argues that the country needs to take steps to provide a safe and fair workplace for women in uniform. Does that mean random selection by the court-martial administrator must be abandoned? If so, are there neutral principles that might guide not-entirely-random selection? E.g., no panel may be all-male or all-female? How about racial minorities? Anglophone/francophone? First Nations representation if the accused is a member of a First Nation (or not)? Should the military judge have the power to order the court-martial administrator to modify the panel composition in a given case?

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