
Despite a five years wait, Bill C-77 is still not in force as it awaits the production of supporting regulations. As a result, DND has yet to enact a statutory “Declaration of Victims Rights” (DVR) within the National Defence Act which would give victims of service offences, access to information, protection, participation and restitution that substantially mirror the rights afforded to victims in the Canadian Victims Bill of Rights. In a recent press report, the Minister noted that he was unable to provide a timeline as to when the Bill be put into force, "we are working [on it]".
Meanwhile, victims of service offences continue to be treated as 'second-class citizens' who are denied of rights which have been part of the Canadian legal landscape since 2015. Too bad, sorry as the saying goes! C'est la guerre!
Colonel Drapeau is absolutely correct in his assessment of the state of Bill C-77. This piece of legislation is being implemented incrementally as the government decides which provisions to bring into force by Order-in-Council, and when they will do so. In addition to a Victim's Bill of Rights for infractions perpetrated by members of the military, Bill C-77 also disposes of detention as a punishment for summary offenses, but that provision has not been implemented (see: https://military-justice.ca/wp-content/uploads/2020/08/048-Military-Justice-System-Lost-Its-Moral-Authority.pdf).
ReplyDeleteIndividual liberty has been a sacred right since the Magna Carta was signed by King John in 1215, and we still have not granted that right to our military personnel for offenses that are so frequently trivial and inconsequential.