Tim Dunne on Beaudry

Global Military Justice Reform contributor Tim Dunne has written a strong op-ed about the Court Martial Appeal Court of Canada's important recent decision in the Beaudry case for the Halifax Chronicle-Herald. Excerpt:

“What they [the Canadian Armed Forces] are trying to do [by seeking a stay from the Supreme Court of Canada] is to raise a panic where one does not exist,” military defence lawyer Lt.-Col. Jean-Bruno Cloutier said in an interview. “It is better for the victim and it is better for the public interest to have these cases heard downtown,” he continued, referring to civilian criminal courts.

There’s no evidence that referring these cases to the criminal courts will affect military discipline. The accused will not escape justice. On the contrary, he will be brought before the same courts, the same judges and the same jury system as all other Canadians accused of serious crimes.

While the Supreme Court may hear the application to stay the declaration of invalidity, the Beaudry appeal will not likely be heard for about a year.

At the same time, having another 40 cases uploaded to the civilian criminal justice system is insignificant, “like another litre of water over Niagara Falls,” said Lt.-Cmdr. Mark Létourneau in an interview. Létourneau is a military defence lawyer representing Cpl. Beaudry.

The military prosecutor retains authority to prosecute all offences committed by military personnel on international assignments and deployed to the various operations of the Forces, and all offences of a purely military nature that are committed within Canada.