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"Cognizant of the growing and persistent systemic flaws found in the military justice system as exposed by several official reports, as well as the cultural issues plaguing our military as recently reported by Canadian media, we are convinced of the urgent need to reinforce its trustworthiness, independence, and fairness. Recently, the military has faced an unprecedented crumbling of the organization as we know it, and the deep-rooted, systemic issues within the Canadian Armed Forces [CAF] are starting to be exposed to the civilian world."--Website
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Presents the report of a special advisory group formed to assess the roles & functions of the Canadian military police, including the independence & integrity of the investigative process, against the delivery of effective police services to the Canadian Forces and the Dept. of National Defence. Work of the group included technical briefings, public hearings, examination of written submissions, interviews with Forces members, and round table discussions. The introduction provides background on the military justice system and evaluates possible reforms. Part 2 focuses on the relevant institutional framework, including the Judge Advocate General, the military police, and the investigative process leading to the laying of a charge. Part 3 deals with the hearing process that follows laying of a charge, and analyzes the two forms of hearings available: the summary trial and the court martial. Part 4 concerns the review process of decisions & actions taken from the investigation stage to the disposition of an alleged offence by a service tribunal. It also considers the establishment of an independent oversight mechanism for the Canadian Forces. The final part contains a consolidated list of specific recommendations for reform.
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The thesis examines the nature and the relative gravity of the service offences contained in the Code of Service Discipline (CSD). The study reviews the classification of offences proposed by the several internal and external studies that have preceded the legislative reforms of the military justice system in 1997 and 1999. The author then proposes his own taxonomy of service offences.
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As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality
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‡a This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.
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Although the judicial function is of the utmost importance for the society, there is much uncertainty in Canada about the rules governing judicial ethics. Contrary to the judges appointed by the government of Québec, the judges appointed by the federal governement are not bound by a code of judicial ethics. This situation raises the question of the sources of judicial ethics in Canada. The legal foundations of judicial ethics are to be found in the judicial oath taken by each person assuming judicial functions and in the intrinsic requirements of the judicial function.
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