Sunday, June 28, 2026

Complainant's preference

Where there is concurrent military and civilian jurisdiction over an offense, what weight, if any, should be given to the preference of the complainant? In Canada, the authorities deferred to the complainant's preference for military justrice proceedings in 38% of sex offenses, according to this CBC article.
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2 comments:

  1. Michel W. DrapeauJuly 7, 2026 at 4:43 PM

    Thankfully, this has recently been changed with Bill C-11 an Act to amend the National Defence Act and other Acts which received Royal Assent on Thursday, June 18, 2026. Clause 7 ends concurrent military and civilian prosecutorial jurisdiction over Criminal Code sexual offences, while clause 8 removes military police investigative jurisdiction over Criminal Code sexual offences.

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  2. Michel W. DrapeauJuly 8, 2026 at 10:37 AM

    See comment above

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