How the Canadian military's justice system responds to sexual assault? Does it?

A brilliant and exhaustive exposé titled "An Examination of How the Canadian Military's Legal System Responds to Sexual assault" written by Dr. Elaine Craig, Associate Professor, Schulich School of Law at Dalhousie University and Research Director, Canadian Center for Legal Innovation in Sexual Assault Response has recently been published in the Dalhousie Law Journal [2020 43.1 Dal L.J.]. 

This preliminary study is the first of its kind review of the Canadian military's sexual assault cases.  It yields several important - if not troubling - findings such as:

• First, the conviction rate for the offence of sexual assault by Canadian courts martial is dramatically lower that the rate in Canada's civilian criminal courts. 
• Second, the difference between acquittal rates in sexual assault cases in these two systems appears to be even larger.
• Third, since Operation HONOUR [The military mission to prevent and address sexual misconduct within its ranks] was launched in 2015,  only ONE soldier has been convicted of  sexually assaulting a female member of the military by the military justice system. One other conviction was overturned by the Court Martial Appeal Court of Canada (CMAC).
• Fourth, plea bargains by which an accused could avoid Criminal Code convictions by pleading guilty to a Code of Service Discipline like Conduct to the Prejudice of Good Order and Discipline  have been used in some cases involving aggressive sexual attacks.
  
• Fifth, sanctions for even these serious sexual attacks resulted in fines and reprimands.
• Sixth, the decisions of  military judges in some cases suggest a 'critical failure' on their part to recognize the Canadian military's culture of hostility to women documented in the May 2015 External Review into Sexual Misconduct and Sexual Harassment in the Canadian Forces by the Honorable (retired Supreme Court Justice) Marie Deschamps.

We trust and hope that both the judiciary and parliamentary authorities will become cognizant with the results of this impressive study.

Meanwhile, the author promises to pursue her study of this matter to address, inter alia, whether the Canadian's military legal system should continue to maintain jurisdiction over sexual assault cases.  

Professor Craig is to be congratulated for the quality and thoroughness of her research and writing