The following statistics obtained under the freedom of information legislation provide, for
calendar years 2012-2017 (to date) the number of Generals and Flag officers
who were randomly selected for possible appointment to a General Court Martial panel,
the number of these officers who were excused pursuant to article 111.03(4) of the Queens’ Regulations and Orders, and
the number of these officers who actually served on a General Court
Martial.
CANADA
GENERAL COURT MARTIAL
SELECTION OF
PANEL MEMBERS
General and Flag
Officers
|
||||
Year
|
Selected to serve
|
Excused duty
|
Appointed as members
|
Number who served
|
2012
|
0
|
0
|
0
|
0
|
2013
|
9
|
7
|
0
|
0
|
2014
|
28
|
19
|
1
|
1
|
2015
|
21
|
17
|
1
|
0
|
2016
|
27
|
10
|
0
|
0
|
2017
|
33
|
23
|
1
|
0
|
Total
|
118
|
76
|
3
|
1
|
Article 111.03(4) of the QR&Os authorizes the
Court Martial Administrator to “excuse” a person selected for ‘jury’ duty on a
General Court Martial if the said person will be required, during the period
the court martial is expected to take place, to attend a career course (ATL) or perform duties
sufficiently urgent and important to warrant his or her not being appointed.
Other reasons that might also be relied upon to excuse a member to serve on a
court martial panel includes: the member has already served on a general court martial
panel the preceding 24 months, the member is ill or injured, or other compassionate
reasons.
It is hard not to conclude that flag and general officers enjoy something close to a de facto exemption.
ReplyDeleteRank exclusions are theoretically improper in the U.S. armed forces, but the Court of Appeals for the Armed Forces has repeatedly found a lack of prejudice.