Part 1 - Sexual Harassment
Canadian Forces Consider Handing Military Sex Crimes To Civilian
Courts
CP | By Lee Berthiaume Posted: 10/09/2016
4:02 pm EDT Updated: 10/09/2016 4:05 pm EDT
OTTAWA — The Canadian Forces has launched the first internal review
of the military justice system in generations and among the issues
being looked at is whether all military sexual crimes should be
handled by civilian courts.
The military justice system has been under the microscope over the
last two years following complaints that many sexual crimes
committed by service members have been glossed over or ignored.
Currently, such offences can be referred to either civilian court or
the military court system for a court martial, depending on the
circumstances. But Col. Robert Holman, the Canadian Forces' deputy
judge advocate general for military justice, says that could change.
File
photo of Canadian flag on military uniform. (Photo: The Canadian
Press)
"One of the constant parts of discussion, particularly in the
context of things like sexual offences, is why does the military
have to have jurisdiction over sexual offences in courts martial?"
Holman said in an interview. "Why can't it go downtown? We'll take a
look at that."
Holman is leading the year-long review, which was ordered in the
summer by the judge advocate general, Maj.-Gen.
Blaise Cathcart.
While the military justice system has been regularly updated over
the years, particularly in 1998 after the Somalia Inquiry, Holman
said this is the first real top-to-bottom examination since the
1950s.
Holman acknowledged there are concerns about the system,
particularly as it relates to sexual offences. And he said those
complaints as well as defence chief Gen. Jonathan Vance's pledge to
stamp out such misconduct "had some impact" on the decision to open
the review.
Canada's Chief of Defence Staff General Jonathan Vance takes part in
a news conference upon the release of a progress report on
addressing inappropriate sexual behaviour in the Canadian Armed
Forces on Aug. 30. (Photo: Chris Wattie/Reuters)
But he also suggested such a study is long overdue. And while making
the system more responsive is one consideration, "I would frankly
say there's another issue, and that is resources."
The Canadian Forces has three full-time military judges whose sole
job is to preside over courts martial. But while the Canadian Forces
had 47 courts martial last year, only 11 were contested trials.
Meanwhile, there are more than a dozen military prosecutors and
several defence lawyers for the accused personnel.
"Meanwhile, we have lots of other legal business that needs to be
done," Holman said. "So to me, it's a legitimate question as to
whether or not we would use our scarce legal resources more
efficiently by redirecting them somewhere else and looking at other
options."
Holman was careful to say that any decisions are at least a year
away and, depending on the changes, likely need government and
parliamentary approval.
"But the fact of the matter is we intend to look at the full
spectrum of options, from continuing to have military judges,
military court reporters, military prosecutors, military defence
counsel, all the way to potentially having civilians in many, if not
all, of those roles."
“If we end up with the same scheme that we've got now, we will
know darn well why we ended up with the same scheme.”
The review will also look at other areas, such as how evidence is
used in courts martial and whether the military has the right
offences and punishments. And in the end, Holman said, it could find
the current system is the best for the Canadian military.
"If we end up with the same scheme that we've got now, we will know
darn well why we ended up with the same scheme."
Lawyer Michel Drapeau, a retired colonel who now represents many
military clients, described Canada's military justice system as "so
out of date it's not funny." He said there are many concerns,
starting with a desperate need for stronger victims' rights.
But he said he had "no confidence" that the Office of the Judge
Advocate General (JAG) could fix the system themselves. He noted
that many changes approved by Parliament in 2013, some of which
would help victims of military crimes, still haven't been
implemented, which he blamed on the JAG.
The military's top prosecutor and the deputy commander of military
police recently called for those changes to be implemented, saying
they would help victims of military sexual offences. Holman would
only say the JAG is working on implementing the changes.
Rather than having military officials conduct the review, Drapeau
said parliamentarians should be in the lead. He said that is what
happens in the U.S., where congressional committees are responsible.
- Follow @leeberthiaume on Twitter
VVi Chief Editor Coment: DND
will likely have to settle cases much like the RCMP. There
has been too much harassment due to ineffective leadership
and a cultural bias. It sickens me to know that I was a
member of a misogynistic society for so long. There are also
problems with the "gung ho" attitudes that encouraged
violent behavior and bullying. Debasing people is not/not
the philosophy that should be tolerated any more. There are
much better ways to train people to do the work. It is one
thing to have to cope with hatred and violence in other
countries, it is another to know it exists anywhere in
Canada because some people can not "turn the other cheek".
Perry
Gray is a Regular Force veteran, serving as the Chief
Editor of VVi. Perry has been with VVi for 14 years. |
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