Former CANSOFCOM soldier brings legal action

A former special forces soldier is suing the Canadian federal government, alleging he was shunned by his unit and pushed out of the military after he denounced Canadian troops' alleged involvement in the killing of unarmed people in Afghanistan.

The action was commenced before the Superior Court of Justice for Quebec.

This will likely remind many of similar matters arising in the United States, United Kingdom, and Australia.  There will undoubtedly be much more discussion on this matter, including discussion of issues arising from justiciability and potential motions or defences that the federal government might bring.

For the moment, here is the recent coverage from Matthew Lapierre from the CBC:

"Former special ops soldier says he faced 'retaliation' for reporting alleged killing of Afghan civilians", 16 October 2024

Pakistan's human rights record under review

Pakistan's human rights record will come under scrutiny this week in Geneva, according to this press release from Amnesty International. Among the issues: the trial of civilians by military courts. Excerpt:

In its submission to the UN Human Rights Committee, Amnesty International outlined a raft of ongoing human rights violations in the country. The organization especially highlighted the escalating blasphemy-related violence across the country and the use of vague and coercive blasphemy laws.

Amnesty International also noted that the use of military courts to try civilians denies people their right to a fair trial. The continued military detention of 85 participants of the 9 May 2023 protests and prisoners such as Idris Khattak remains a major concern.

New Chief Justice for the Court Martial Appeal Court of Canada

Yesterday, 15 October 2024, the Prime Minister of Canada announced the appointment of the Honourable Mary J. L. Gleason, a judge of the Federal Court of Appeal and a judge of the Court Martial Appeal Court of Canada, as the new Chief Justice of the Court Martial Appeal Court of Canada.

Following the retirement of the previous Chief Justice, the Honourable Richard Bell, the Honourable Elizabeth A. Bennett, a judge of the British Columbia Court of Appeal and a judge of the Court Martial Appeal Court of Canada, served as Acting Chief Justice.

Chief Justice Gleason has sat on various panels for appeals to the Court Martial Appeal Court of Canada, including: R v Déry, 2017 CMAC 1; R v Déry, 2017 CMAC 2; R v Wellwood, 2017 CMAC 4; and R v O'Dell, 2024 CMAC 5.

Congratulations on your appointment, Chief Justice Gleason.

A foreign president for Barbados ordinary court-martial

From Stabroek News:

Commandant of the Guyana National Reserve (GNR) Lieutenant Colonel Lloyd Souvenir of the Guyana Defence Force (GDF) recently served as President of an Ordinary Court Martial, convened to try Sub Lieutenant Nakeida Gibson of the Barbados Defence Force (BDF), according to a release from the GDF.

The case, which proceeded under the auspices of the BDF, marked a critical examination of military conduct, the release said. Sub Lieutenant Gibson faced charges of, Conduct to the Prejudice of Good Order and Military Discipline, Neglect to the Prejudice of Good Order and Military Discipline, Civil Offence contrary to Section 76(1) of the Defence Act.

FOIA

Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia has handed down an important Freedom of Information Act decision that will be of particular interest to military practitioners. Her opinion in War Horse News, Inc. v. U.S. Dep't of the Navy can be found here. At issue is a request for information contained in a Marine Corps database for reporting and tracking officer misconduct and substandard performance cases. Judge Chutkan was not buying what the government was selling.