Tuesday, September 25, 2018

Worth-the-Read (WTR) military policing in Canada

Jonathan Avey (Osgoode Hall Faculty of Law) has posted Police Independence vs Military Discipline: Democratic Policing in the Canadian Forces (Manitoba Law Journal, Vol. 41, No. 4, 2018) on SSRN. Here is the abstract:

Over the last 25 years, there has been a gradual acceptance within the Canadian Forces that Military Police need to be able to function independently when exercising their duties as police officers. This acceptance has led to organizational and administrative changes to provide such independence to MP members; however, despite these changes, there remains the risk that MP independence may be eroded in the course of criminal or disciplinary investigations. This article presents two recent matters to illustrate that the independence currently afforded to MP investigators is still very much in doubt. The first is the recent decision of the Court Martial Court of Appeal in R v Wellwood, which brought the dichotomy of MP independence and the need to maintain discipline and a rigid obedience to orders from a superior squarely before the court. The second is the recent controversy surrounding the MP investigation into allegations against Lieutenant Colonel Mason Stalker, which ultimately resulted in a stay of proceedings being directed on all charges and Stalker launching a lawsuit against the Department of National Defence and the Canadian Forces.

From CrimProfBlog (a great resource for those in the U. S.)

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