Military members appearing in civilian court on criminal charges must wear civies

 The Canadian Broadcasting Corporation (CBC) [click here] has announced that the Canadian Armed Forces has now issued an instruction banning CAF members from wearing their uniforms and medals in civilian court while defending themselves on criminal charges. 

The instruction is effective December 1, 2022. A CAF member can file a request to be exempted from their chain of command.

This decision was no doubt precipitated by Major General Dany Fortin, a highly decorated commander, who showed up in court in full uniform and medals while charged with one count of sexual assault which is alleged to have taken place in 1988.  

The origins

Several victims' advocates for victims of sexual assault has previously protested the  use of uniforms and medals,. They argued that the act of wearing the full uniform to court while on trial for sexual assault is a power play that intimidates complainants and triggers victims. "The uniform is a powerful symbol of the institution and wearing it could make a complainant feel like they're facing off against the entire Canadian Armed Forces."

  "At worst it's intimidation and bullying … and it will have a silencing effect on survivors."

Professor Megan MacKenzie, the Simon Fraser University's Chair in International Law and Human Security also said that one a military member is charged, that member should lose the right to wear the uniform in court. 

"Everyone is meant to be equal before the law, The minute that someone walks in wearing a military uniform, and in particular a uniform with medals that symbolize accolades and deployments, I really think that it elevates that person's status in a way that could impact the trial. I think that's not appropriate."

Comment

I am fundamentally in accord with this new policy, except that as a rule medals particularly those awarded for Gallantry, or service in war campaigns, long service, good conduct, efficiency or meritorious service tend to be the property of the wearer, whether in active service or in retirement. 

Fundamental to the concept of honors, these medals carry prestige and their raison d'être is to recognize an accomplishment commanding the respect of members of the military, the general public and the person honored. 

The decision to wear such medals in court should continue to belong to the person, whether one is in active or reserve force service or a veteran, who, by virtue of constitutional law, is deemed "innocent" until proven guilty. That person has earned the right and is entitled to wear his / her medals as and when they please, in or out of court.