Rory should know better, especially having worked in OJAG, that the CAF judges have abdicated any responsibility for maintaining good order and discipline by their sentences long ago. How long has it been since someone has been dismissed from the CAF via court martial? How long since someone has been sent to DB?
Our military lawyers working in DMP seem so disconnected from how to maintain good order and discipline forcing the chain of command to use administrative measures to handle what any reasonable person would see as problem children of all ranks.
So one think to note about his commentary - is that he understands/knows, that the entire system is broken.
I tend to agree that the CAF recently has been using Administrative Procedures to deal with Discipline issues -- which sometimes are intertwined, but not always.
During my time in the CAF, I certainly has more than my fair share of encounters with both the Admin and Discipline Systems, both wearing and not wearing my beret.
Some were very legitimate issues - handled and dealt with professionally.
Some where entirely criminal that got swept under the rug due to Regimentalisms, Reg/Res Issues etc
One issue I will bring forward -
Now once I was charged for being AWOL (returned from Afghanistan and went on leave - Chief Clerk wasn’t able to add my Leave from the tour to the leave pass, as said he would generate a new one). I drove across country with a buddy and didn’t think anything of it.
I get a call to my parents house asking why I am still there by the Bn Orderly Sgt - I tell the Sgt (who was actually a M/Cpl I know fairly well) my circumstances - he says - better get back here.
So I jump in my truck and drive back across country - and report to the BOS (a Sgt I know) on Friday night. He says okay - why are you here, and I said I am reporting as apparently my leave didn’t get extended. He acknowledged my arrival and sent me on my way (back to the barrack block I was in)
Monday after PT, the CSM snags me and I get Charged for being AWOL - not just the Tuesday - Friday that my leave pass didn’t cover -- but also Sat and Sunday as the CO (Ian Hope) has decided that I didn’t actually report in on Friday.
So OC sends it to CO, CO attempts to have a Summary Trial (this is 2004), I say - no I want a Courts Martial (as I know they have no case).
CO (Ian Hope) sends it back to the OC, doesn’t seem fishy at all does it.
OC finds me guilty - and I get 10 days CB
I at the time felt bad somewhat for the OC, as he made it very clear he didn’t think I was guilty based on the testimony from various witnesses but delivered a guilty verdict due to CO direction -- (hindsight I think it was a lack of character not to stand up to the CO)
My Assisting Officer apologized to me after, as he said he’d never seen a worse railroad job. done, and was embarrassed to a PPCLI Officer.
After my CB expired, I was directed to take my Post Deployment Leave.
Now in hindsight, I never should have left without the second leave pass -
Pretty blatant abuse of the system