Tuesday, August 18, 2020

Canadian Military Judges and the Chief of the Defence Staff

R v Edwards, 2020 CM 3006

Canadian Military Judges continue to deliver a clear message, and the Chief of the Defence Staff (CDS) does not appear to be listening.

Worse still, it is not clear how resolute the Judge Advocate General (JAG) and the Director of Military Prosecutions (DMP) have been in advising the CDS on his obligations not only to respect the Rule of Law, but to demonstrate that he, as a statutory actor, will uphold the Rule of Law. 

The Superintendence of Military Justice has become a central issue in the dynamic between the CDS, the JAG, and Military Judges. And this should be of concern not only to members of the Canadian Forces, but to all Canadians. 

Perhaps the CDS and others are hoping these recent developments will be over-shadowed by Bill Morneau's resignation as Finance Minister and the Prime Minister's decision to prorogue Parliament. However, this issue is not going away and the CDS' obstinacy may well undermine the Code of Service Discipline. 

Global Military Justice Reform contributor, Rory Fowler, expands upon this issue in a recent Blog article

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