Tuesday, June 11, 2019

Who judges a chief judge?

The court-martial of Canadian Armed Forces Chief Judge Mario Dutil began yesterday with a bang: must the presiding judge, who is Col. Dutil's deputy, recuse himself? The Times Colonist has the story here. Excerpt:
"I think a reasonable person who is well-informed will determine that there is a clear conflict of interest," said [defense counsel Philippe-Luc] Boutin, who added that he had flagged concerns early on about his client being tried in the military court system. 
Military prosecutor 2nd Lt. Cimon Senecal, who has yet to make his own arguments, defended the decision to try Dutil via court martial because several of the charges are not in the Criminal Code but fall exclusively under military law. 
"We still believe that this decision was correct and we're moving forward and there's nothing has changed that we think the situation should change," he said. 
"I'm confident a person who is subjected to (military law), for such a person, the military justice system will find a way to ensure that this person faces the appropriate measures."

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