Canada's Military Justice System is in a Meltdown: Will Goverment Act?

 

                                           

      Retired Colonel and lawyer Michel W. Drapeau, and the Honourable retired Justice Gilles Létourneau, in collaboration with lawyers Joshua Juneau and Stéfanie Bédard, are publishing a new book which may assist the Canadian Parliament in resolving the overwhelming and deepening issues with and within the Canadian military justice system. 

•       An electronic copy of the book  in the English and French format is available at www.mdlo.ca.

    The purpose of this book  is to outline a way ahead as the Canadian military faces a major leadership and morale crisis and as more and more victims of sexual assault in the military come forward to speak against their assailants and the military “culture”, seeking justice. 

 PARLIAMENT MUST ‘HOLD THE PEN” NOT THE MILITARY

           The book proposes a plan to reform Canada’s military justice system to – at last! – bring it in line with Canadian values and legal standards of the 21^st century.  Such reform must be conceived and actuated by Parliament not the Armed Forces. 

    This is a must. Parliament must 'hold the pen" on this.   

WALL TO WALL REVIEW IS URGENTLY REQUIRED

    The book namely discusses the urgent need for the independence of certain military professionals – such as judges and lawyers – and the necessity to restructure the existing Office of the Judge Advocate General to prevent, inter alia, the military prosecution services and military defence counsel services from having the same immediate boss.

Moreover, the lack of competence and independence of the National Investigation Services (NIS) and the military police is addressed, and their jurisdiction over Criminal Code offences – especially sexual assaults – is worrisome, to say the least.  The book recommends that jurisdiction over sexual assaults be returned to civilian courts. 

It also recommends, inter alia, that Parliament be involved to control both the extraordinary growth of the general officer corps and oversees the selection and appointment of generals to senior leadership positions. For all intents and purposes, the Chief of the Defence Staff (CDS) has sole control over the entire process.

INSPECTOR GENERAL OF THE ARMED FORCES

     Perhaps the most important and urgent recommendation given the current state of the Canadian Armed Forces, the authors recommend having a civilian Inspector General reporting to Parliament who investigate complaints and provide oversight of the military justice system.