Friday, April 28, 2017

Should there be constitutional limits on military's power to try civilians, particularly in peacetime?

The Canadian Military Criminal Justice
System is in serious need of reform
Retired Army Captain Simon Duvall, formerly stationed at Canadian Forces Base Esquimalt in British Columbia, has been charged under section 271 of the Criminal Code of Canada with sexual assault. The assault is alleged to have taken place between December 2010 and January 2011 at Base Gagetown, New Brunswick. Subsection 69(1) of the National Defence Act stipulates that a person is liable to be tried by a military tribunal, even in retirement, if at the time the alleged commission of the offence took place he or she was subject to the Code of Service Discipline.

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