Friday, November 27, 2020

Military Justice review -- Canada

Nov. 27, 2020 /CNW Telbec/ - The Honourable Morris J. Fish, CC, QC, a retired Justice of the Supreme Court of Canada, has been appointed by The Honourable Harjit S. Sajjan, Minister of National Defence, as the third Independent Review Authority. As such, Justice Fish is tasked with conducting an independent review of the entire military justice system in Canada, embracing but not limited to the following matters:

The content of the Code of Service Discipline and its application by military authorities, including :
  • the persons subject to the Code of Service Discipline;
  • the entire body of substantive service offences, including offences of a sexual nature and offences with racial motives;
  • the punishments prescribed to sanction service offences, including imprisonment and detention;
  • arrest and pre-trial custody;
  • summary trials by commanding officers or superior commanders, and their upcoming replacement by summary hearings;
  • trials by Court Martial, including the process for preferring charges, the conduct of preliminary proceedings and of the trials themselves, and the applicable laws of evidence;
  • the office and role of the Director of Military Prosecutions;
  • the office and role of the Director of Defence Counsel Services;
  • the office and role of the Chief Military Judge and of military judges;
  • sentencing;
  • appeals to the Court Martial Appeal Court and the Supreme Court of Canada;
  • The military police.
  • The office and role of the Canadian Forces Provost Marshal.
  • The system of military grievances.

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