tag:blogger.com,1999:blog-4070126256373578912.post574372376447083030..comments2024-03-15T11:36:29.742-04:00Comments on Global Military Justice Reform: Le courage de ses convictionsEugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4070126256373578912.post-11236761976732082252015-10-12T17:25:40.249-04:002015-10-12T17:25:40.249-04:00Very interesting. So for our English speaking coll...Very interesting. So for our English speaking colleagues the issue in the first file is: does it still pertain directly to maintenance of discipline and operational effectiveness for military justice to deal with offences that have been allegedly committed 4 years ago, of a minor nature, by someone who is now a civilian? In the second file the issue is: does a commanding officer have the necessary requirements of judicial independence to review bail conditions of a service member? I suggest that if in both cases the answer is 'no', then the next question would be in each case: 'Could that Charter breach be justified in a free and democratic society, under section 1 (of the Charter) as per criteria set out in R v Oakes [1986] 1 SCR 103 ?' Stay tune, indeed.Pascal Lévesquehttps://www.blogger.com/profile/15708349994971868363noreply@blogger.com