The withdrawal of the remaining charge against Lieutenant-General Steve Whelan (a charge under s 129 of the National Defence Act for an alleged act to the prejudice of good order and discipline) is merely the most resent example of problematic decision-making in the administration of military justice in the Canadian Forces (CF).
And it would be facile to suggest that the problem lies in the statutory processes available to CF decision-makers. Most of these missteps and problems arise from problematic decision-making. And there is a disturbing trend that these decisions are being driven not by considerations of legal principles but by concerns regarding public affairs.
It's time to start asking the difficult questions of the key statutory decision-makers responsible for these missteps.
Military drops case against Lieutenant-General Steven Whelan, 2 October 2023, CBC News (Canadian Press)
Why is Lieutenant-General Whelan being court martialed?, 1 October 2023, Blog: Rory Fowler Law
R v Harrison, 2023 ONCJ 392: Don’t Be Sold a Bill of Goods (Redux), 24 September 2023, Blog: Rory Fowler Law
MGen Dany Fortin & the MPCC, 30 May 2023, Blog: Rory Fowler Law
Noonan v AGC, 2023 FC 618 – An unsurprising result and its second-order implications, 5 May 2023, Blog: Rory Fowler Law
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