The former judge issues a review of the military justice system shaken by the crisis of sexual misconduct

The former judge issues a review of the military justice system shaken by the crisis of sexual misconduct

Facebook
Twitter
LinkedIn

[ad_1]

Under normal circumstances, the review of the military justice system is an obscure task, and only selected constituencies will be interested.

These are not normal times. The mandatory review by former Supreme Court Justice Morris Fish may be one of the most anticipated events on the federal political calendar this spring.

The review-ordered by the Trudeau government before the current crisis of sexual misconduct in the chain of command erupts-will be submitted to the House of Commons this morning.

Last fall, at the request of the Liberal government, the Fish review was drafted against the background of an abnormal collapse of confidence. In the chain of command related to sexual misconduct.

“The thing that exploded before [Fish’s] Eyes…and he doesn’t have to look at things abstractly,” said Michel Delabo, a military law expert and retired colonel, one of the more prominent critics of Canada’s military justice system.

A costly independent assessment—the third formal review of the system in the past two decades—is authorized to inspect military police, arrests, the military court system, punishment, service discipline, and how the system handles minor service crimes.

Fish was specifically asked to review the commander’s summary trial-this practice will be replaced by a summary hearing.

Fish’s report is also expected to solve the problem of the military complaint system, which has been a source of constant anger for those in uniform.

“Is the system working properly?”

Drapeau said the former high court judge has some basic questions about the military justice system to ask himself-his findings may not be encouraging.

“Is the system effective? Is it actually capable of facing crises? His answer is, of course, no,” Delabo said, adding that in light of the recent controversy over the military’s handling of misconduct cases, and previous reviews In contrast, expectations for this review are higher.

Since early February, allegations of sexual misconduct have put aside or ended the careers of several major military leaders.

Two weeks after retiring last winter, the country’s former top commander and retired general Jonathan Vance was accused of misconduct. A few weeks later, his successor, Admiral Art MacDonald, voluntarily resigned after he was investigated by the military and police for allegations of sexual misconduct.

Former military personnel chief Lieutenant General Haydn Edmundson was recently replaced permanently and is facing investigation after a three-year-old sexual assault allegation was directed against him.

Vice Admiral Haydn Edmundson is under investigation in connection with a three-year allegation of sexual assault. (Justin Tang/Canada Press)

A series of despicable accusations have weakened the public’s confidence in the military justice system—including claims that senior military leaders have turned a blind eye to misconduct or tried to conceal or downplay misconduct. Others question the independence of military judges.

Survivors of sexual assault in the military and critics of the system such as Drapeau hope that Fish will make bold suggestions — perhaps even suggesting that the investigation and prosecution of sexual assault cases be completely removed from the military justice system.

The Liberal government has promised to establish some form of independent agency to report and handle cases of sexual misconduct; it is unclear what form it might take.

Some critics want to see the government go one step further, depriving commanders of most of the power to deal with serious crimes and instead grant them some kind of external inspector general position.

U.S. lawmakers recently proposed a similar system under which the power of commanders will be reduced and the prosecution of more crimes will be directly passed to U.S. military lawyers.

[ad_2]

Source link

More to explorer