Saturday, September 26, 2020

It appears that the Chief of the Defence Staff (CDS) of the Canadian Forces has, in fact, suspended his order of 2 October 2019, entitled: Designation of Commanding Officers with respect to Officers and Non-Commissioned Members on the Strength of the Office of the Chief Military Judge Dept ID 3763 (the 'Designation Order').

It appears that he did so on 15 September 2020.  However, unlike the notoriety of several recent courts martial judgments, which stayed prosecutions in light of the CDS' refusal to rescind the impugned Designation Order, the order suspending the Designation Order was not announced or promulgated notoriously and publicly.

The following Blog post, entitled "Military Judicial Independence: I have heard of orders, and rumours of orders ..." elaborates on the lack of publicity and notoriety of this significant development in the administration of military justice in the Canadian Forces.

It would appear that the principal cause for the recent stays of prosecution in courts martial has been addressed - for now.  However, there remains potential for further applications of a similar nature, based upon the Canadian Forces Organization Order pertaining to the Office of the Chief Military Judge.  Moreover, the broader issue regarding the general application of the Code of Service Discipline to military judges will still be the subject of an appeal (and cross appeal) before the Court Martial Appeal Court of Canada (R v Captain Crépeau, 2020 CM 3007).

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