tag:blogger.com,1999:blog-4070126256373578912.post7531414009524960859..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: Another strip-tease of the Canadian military justice systemEugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4070126256373578912.post-67303984597525974452016-03-23T19:38:26.125-04:002016-03-23T19:38:26.125-04:00I agree in principle with Mr. Jean Caron and disag...I agree in principle with Mr. Jean Caron and disagree with my friend Pascal Lévesque. If, and this is a big IF, courts martial were restricted - as they should to try disciplinary offences (under the Code of Service Discipline), I would have no problem with the provision of legal counsel at public expense. However, when it comes to Criminal Code offences (ie. sexual assaults), I agree most fully with Mr. Caron. At present CF accused enjoy a benefit which NO OTHER CANADIAN facing the criminal justice enjoys: unlimited legal representation at public expense. This might explain why at many such trials, the CF accused has not one but two experienced CF counsel dedicated to his defense. I disagree also that the military penal justice system is and needs to be specialized and be allowed to depart from the common law. system. An accused face with a criminal trial, whether a civilian, police officer, member of the armed forces or other professions or even a judge, should be equal before the law and receive the same right and treatment before a court of criminal jurisdiction. Michel W. Drapeauhttps://www.blogger.com/profile/07188383888221382231noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-58806124328527573002016-03-22T12:37:38.063-04:002016-03-22T12:37:38.063-04:00That is an interesting development. Cdr Pelletier&...That is an interesting development. Cdr Pelletier's seems to have evolved from what he ruled in R. v. Caceido, 2015 CM 4018 (constitutionality of the legal scheme pertaining to custody following arrest - NDA s 158.6 and QR&O 105.18-105.23). In that case, he determined that although custody review officers and review authorities act judicially they do not breach the unwritten principle of judicial independence (see in particular paragraphs 45 to 47).<br />Pascal Lévesquehttps://www.blogger.com/profile/15708349994971868363noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-61184594129236914702016-03-22T12:11:25.134-04:002016-03-22T12:11:25.134-04:00Jean, I think it is related to the fact that the s...Jean, I think it is related to the fact that the system wants to provide defence counsel irrespective of rank. Otherwise, those with the higher military pay would have an advantage in getting more experienced lawyers. In terms of fairness, it would be perceived as an 'upstairs-downstairs' kind of justice. In that sense, the current system is ahead of its civilian counterpart. In the past recent years, we have seen an acceleration of the constitutional challenges to the system brought by uniformed lawyers. Some might be concerned that individuals would never have such representation free of charge, even when represented by civilian legal aid services. It may well be true but it is explainable: civilian criminal justice system is the ordinary one, its existence is on firmer ground, constitutionally speaking. In comparison, military justice is a specialized system, any departure from the ordinary system is more debatable. On that aspect, that illustrates system is not complacent with itself: it allows uniformed lawyers - those who are the most professionally aware of the potential issues - to challenge the system to make sure it is within Canadian legal norms. Quite frankly, I do not think those challenges are frivolous: they worth the judicial debate although few succeed. But if it is found that such scheme needs some professional restraint to refrain litigation zeal, it might be worth considering asking individuals to pay some minimal contributions calculated on rank basis. (such as Quebec Legal Aid scheme or Armed Forces Criminal Legal Aid Scheme in UK military justice).Pascal Lévesquehttps://www.blogger.com/profile/15708349994971868363noreply@blogger.comtag:blogger.com,1999:blog-4070126256373578912.post-53314369494556779752016-03-22T10:29:09.506-04:002016-03-22T10:29:09.506-04:00I have an other question that would be worth debat...I have an other question that would be worth debating... Why is it that military personnel are allowed FREE legal counsel when accused while in any provinces they would not qualify for legal aid? I think it's time we put an end to this practice... Anonymoushttps://www.blogger.com/profile/05573807796083887255noreply@blogger.com