Spread the love

Sex crimes will no longer be handled by military courts

Open in full screen mode

If the bill is passed, all crimes of a sexual nature committed in the Canadian Armed Forces will pass under the exclusive jurisdiction of the civil courts.

  • Stéphane Bordeleau (View profile )Stéphane Bordeleau

Speech synthesis, based on artificial intelligence, makes it possible to generate spoken text from written text .

In his Bill C-66 tabled Thursday, Defense Minister Bill Blair intends to modify the National Defense Act to incorporate the recommendations made by former justices Louise Arbor and Morris Fish.

The changes made revolve around four axes. The first is to remove sexual assault cases involving military personnel from the jurisdiction of the martial justice system.

The new law would now give civilian judicial authorities exclusive jurisdiction to investigate crimes of a sexual nature committed within the ranks of the Canadian Armed Forces (CAF) and to try the perpetrators before civilian courts.

This major modification to military law results from a recommendation from Judge Louise Arbor, mandated in 2021 by the Trudeau government to examine the handling sexual misconduct in the military. Former Supreme Court Justice Morris Fish was commissioned to carry out a statutory review of the National Defense Act as a whole.

The bill is built around their recommendations.

LoadingDeath in the emergency toilet: “This kind of error happens,” replies Dubé

ELSE ON NEWS: Death in emergency toilets: “This kind of error happens”, replies DubéLoading in progressDeath in the emergency toilet: “This kind of error happens,” replies Dubé

Death in the emergency toilets: “This kind of error happens”, replies Dubé

ELSE ON INFO: Death in the emergency toilet: “This kind of error happens,” replies Dubé

In her report, Ms. Arbor wrote: Sexual offenses under the Criminal Code should be removed from the jurisdiction of the CAF. They should be prosecuted exclusively in civil criminal courts in all cases. When an offense occurs in Canada, it should be investigated by civilian police forces as quickly as possible.

Regarding sexual crimes committed abroad in the FAC, Louise Arbor believes that the military police can act first to safeguard the evidence and begin an investigation, but they must contact civilian law enforcement authorities as soon as possible.

< p class="Text-sc-2357a233-1 fnWfaZ">Through these measures and our ongoing efforts, we will create an institution that is diverse, inclusive and supportive, capable of attracting and retaining talented people across our country.

A quote by Bill Blair, Minister of National Defence

In a report filed with the Defense in June 2021, Judge Morris called for urgent reform of the military justice system to allow victims of sexual misconduct to be better protected.

According to the judge, the current system gives too many opportunities for the chain of command to interfere in investigations and courts martial.

In response to the eight recommendations it made, the Trudeau government will modify the process for appointing the three main military judicial authorities, namely the Provost Marshal of the Canadian Armed Forces, the Director of Military Prosecutions and the Director of Defense Counsel Services.

The appointment of military judges will also be modified by expanding the pool of potential candidates for non-commissioned members.< /p>

By modernizing our processes, we are strengthening the foundations of trust, which is essential to promoting discipline, efficiency and morale within the FAC.

A quote from General Wayne Eyre, Chief of the Defense Staff

Other measures also aim to exclude military judges from the summary hearing system and to expand access to victim liaison officers.

The National Defense Act will also be amended to harmonize it with the provisions relating to information on sex offenders and prohibitions of publication.

A series of other internal changes must be made in order to increase the confidence of the soldiers and the public in the military justice system, which must, as we recall, be completely independent of the chain of command.

  • Stéphane Bordeleau (View profile)Stéphane BordeleauSuivre
Teilor Stone

By Teilor Stone

Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116