The Canadian periodical L’Actualité published in May 2014 a 16-page exposé on
the rampant number of sexual assaults in
the Canadian Military. See article in French
This article was seminal in riveting
national attention to this matter and bringing the Chief of the Defence Staff,
General Tom Lawson, before a parliamentary committee examining this issue. In response
to significant public and political pressure, General Lawson ordered an External Review of Sexual Misconduct in the Canadian Military
which was conducted by retired Supreme Court Justice Marie Deschamps. Deschamps' Final Report was released at the end of April 2015.
As an encore, l’Actualité has just published an Opinion Piece in which the authors are asking rhetorically whether a 'Soldier accused of sexual assault should be
tried by a court martial or a civilian criminal court like any other
Canada.' The authors affirmed that this is
exactly what the Supreme Court of Canada will need to decide when it hears the
case of Moriarity on May 12th.
The authors add that this very question
is now part of an important “débat de société” [public debate] throughout civil society in Canada. For emphasis, they also list a number of allies, including Germany, Netherlands, France, Belgium and Austria, which have abolished military tribunals in peacetime.
The Opinion Piece closes by noting that in her Final Report retired
Justice Deschamps has concluded that, at
present, a large majority of victims of sexual assaults do not report their assailants
to the military justice system because they simply do not trust or have confidence in this in-house judicial process. Toa ddress this most serious problem, Justice Deschamps recommends that a victim of sexual assault should be given the choice to direct their complaints to the civilian versus the military criminal justice system. This recommendation was not accepted by the Chief of the Defence Staff during his national press conference last Thursday. In fact, despite the gravity of the situation and the quality and depth of the External Review Report, the Chief of the Defence Staff boldly elected to not accept 80 percent of the recommendations.
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