Author Topic: CANFORGEN 097/19 - IMMEDIATE CHANGES TO THE MILITARY JUSTICE SYSTEM  (Read 2850 times)

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Offline Lumber

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See below.

I'm very happy with para 4C.

However, I'm curious about para 4B. Did they just create a regulation whereby two members of the FORCES, of equal position and rank, could receive different punishments based on their cultural identity? I mean, the second sentence seems to negate the first. "You have to consider their indigenous identity, but you also have to pick a punishment that is reasonable and consistent", which means if it is different than what I would get, it's not consistent, in which case, what's the point? Did this get added to the NDA just to make it look like their are doing something without actually doing anything?

Quote
CANFORGEN 097/19 JAG 001/19 041856Z JUL 19

IMMEDIATE CHANGES TO THE MILITARY JUSTICE SYSTEM

UNCLASSIFIED

REFS: A.AN ACT TO AMEND THE NATIONAL DEFENCE ACT AND TO MAKE RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS (BILL C-77)
 B.NDA SUBPARAGRAPH 203.3(A)(II)
 C.NDA PARAGRAPHS 203.3(C),(C.1) AND (D)
 D.NDA SUBSECTION 249.27(1)

1. THE PURPOSE OF THIS CANFORGEN IS TO ANNOUNCE ROYAL ASSENT OF THE ACT AT REF A AND THE RESULTING CHANGES TO THE MILITARY JUSTICE SYSTEM (MJS),SOME OF WHICH HAVE AN IMMEDIATE IMPACT ON SERVICE TRIBUNALS

2. REF A RECEIVED ROYAL ASSENT ON 21 JUNE 2019

3. REF A AMENDS THE NATIONAL DEFENCE ACT (NDA) BY STRENGTHENING THE MJS AND ALIGNING IT WITH THE CIVILIAN CRIMINAL JUSTICE SYSTEM WHILE RESPECTING THE UNIQUE REQUIREMENTS OF THE MJS. REF A ADDS THE DECLARATION OF VICTIMS RIGHTS ENSHRINING FOR VICTIMS OF SERVICE OFFENCES THE RIGHT TO INFORMATION, PROTECTION, PARTICIPATION, AND RESTITUTION. REF A ALSO ADDS SENTENCING PRINCIPLES RELATED TO GENDER-IDENTITY AND EXPRESSION AND INDIGENOUS OFFENDERS CONSIDERATIONS AND IT REFORMS SUMMARY TRIALS INTO NON-PENAL AND NON- CRIMINAL SUMMARY HEARINGS. SOME AMENDMENTS CAME INTO FORCE ON ROYAL ASSENT AND THE REMAINDER WILL COME INTO FORCE AT A LATER DATE

4. THE FOLLOWING AMENDMENTS TO THE NDA ARE NOW IN FORCE:

a. EVIDENCE THAT A SERVICE OFFENCE WAS MOTIVATED BY BIAS, PREJUDICE OR HATE BASED ON GENDER IDENTITY OR EXPRESSION CONSTITUTES AN AGGRAVATING CIRCUMSTANCE THAT MUST BE TAKEN INTO CONSIDERATION WHEN A SENTENCE IS IMPOSED (REF B)

b. PARTICULAR ATTENTION IS TO BE AFFORDED TO THE CIRCUMSTANCES OF INDIGENOUS OFFENDERS WHEN CONSIDERING THE APPROPRIATE PUNISHMENTS. THE PUNISHMENTS MUST BE REASONABLE IN THE CIRCUMSTANCES AND CONSISTENT WITH THE HARM DONE TO VICTIMS OR TO THE COMMUNITY (REF C)

c. A PERSON CONVICTED OF CERTAIN SERVICE OFFENCES WILL NOT HAVE A CRIMINAL RECORD WHEN THE PERSON IS SENTENCED TO ONE OR MORE OF THE FOLLOWING PUNISHMENTS: SEVERE REPRIMAND, REPRIMAND, FINE NOT EXCEEDING BASIC PAY FOR ONE MONTH OR MINOR PUNISHMENT (REF D)

5. THE REMAINING PROVISIONS WILL COME INTO FORCE AT A LATER DATE ALONG WITH RELATED PROVISIONS AMENDING THE QUEEN S REGULATIONS AND ORDERS FOR THE CANADIAN FORCES

6. ALL CANADIAN ARMED FORCES MEMBERS QUALIFIED TO PRESIDE AT SUMMARY TRIALS ARE REQUIRED TO APPLY THESE NEW SENTENCING PRINCIPLES AND BE FAMILIAR WITH THE AMENDMENTS RELATED TO CRIMINAL RECORDS BEFORE PRESIDING AT SUMMARY TRIALS

7. OFFICERS PRESIDING AT SUMMARY TRIALS WHO HAVE ANY QUESTIONS ABOUT THE PROVISIONS THAT HAVE COME INTO FORCE SHOULD CONTACT A LEGAL OFFICER.
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Offline dapaterson

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This posting made in accordance with the Charter of Rights and Freedoms, section 2(b):
Everyone has the following fundamental freedoms: freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
http://laws.justice.gc.ca/en/charter/1.html

Offline Brad Sallows

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>Did they just create a regulation whereby two members of the FORCES, of equal position and rank, could receive different punishments based on their cultural identity?

Not "cultural identity" so much as "history"; I suppose being raised without the aggravating factors and simply claiming aboriginal identity isn't enough.  (Although: the provision ultimately is there to reduce "over-representation", so maybe identity is enough.)  But essentially: yes.  If you were raised poor, abused, discriminated against, etc, and are not aboriginal, you won't get the benefit of the provision.

"THE PUNISHMENTS MUST BE REASONABLE IN THE CIRCUMSTANCES AND CONSISTENT WITH THE HARM DONE TO VICTIMS OR TO THE COMMUNITY (REF C) "

Punishments should be reasonable (etc) and consistent (etc) for all persons, period.  Should we suppose that unreasonable and inconsistent punishments are OK for non-aboriginals?  If not, then the provision is unnecessary.  But although that's what the text suggests, I doubt it's what is meant.  What is meant boils down to more leniency for aboriginals.
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Offline Brihard

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For context on 4B, read: https://en.wikipedia.org/wiki/R_v_Gladue

Yup, clearly referring to Gladue. In civilian courts there may be a Gladue Report submitted before sentencing to examine whether there are factors applicable to an aboriginal offender’s personal history.
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Offline Eye In The Sky

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But, if a white member grew up in the same environment gets charged...no consideration is given to their "personal history"?
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Offline Technoviking

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Reference 4.c., does this mean that if someone were a reservist Sgt say in 1989 and was convicted, got a severe rep and oh, I dunno, say 500 fine (less than monthly salary), then that person would no longer have a criminal record due to this?

Asking for a friend...

So, there I was....

Offline Brihard

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Reference 4.c., does this mean that if someone were a reservist Sgt say in 1989 and was convicted, got a severe rep and oh, I dunno, say 500 fine (less than monthly salary), then that person would no longer have a criminal record due to this?

Asking for a friend...

Has ‘your friend’ applied for a record suspension? (The new term for what was a ‘pardon’)

Unlikely this will cause any automatic expungements of records, but that should be a pardonable matter.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline Technoviking

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Has ‘your friend’ applied for a record suspension? (The new term for what was a ‘pardon’)

Unlikely this will cause any automatic expungements of records, but that should be a pardonable matter.

I'll ask him.


*pause*

He says he didn't.

He thanks you.  :)
So, there I was....

Offline FJAG

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I'll ask him.


*pause*

He says he didn't.

He thanks you.  :)

Second  :rofl: of the day.

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Offline Haggis

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I'll ask him.


*pause*

He says he didn't.

He thanks you.  :)

Perhaps your friend should lobby for equal treatment to what occurred to those convicted of simple cannabis possession.
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Offline garb811

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Reference 4.c., does this mean that if someone were a reservist Sgt say in 1989 and was convicted, got a severe rep and oh, I dunno, say 500 fine (less than monthly salary), then that person would no longer have a criminal record due to this?

Asking for a friend...
Further to this, missing from the CANFORGEN is the actual wording of the applicable Section of the NDA which would probably have been helpful for a lot of people, including your friend:
Quote
249.27 (1) A person who is convicted of any of the following offences, or who has been convicted of any of them before the coming into force of this section, has not been convicted of a criminal offence:

a) an offence described in section 85, 86, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to

    (i) a severe reprimand,

    (ii) a reprimand,

    (iii) a fine not exceeding basic pay for one month, or

    (iv) a minor punishment;

(b) an offence under section 130 that constitutes a contravention within the meaning of the Contraventions Act.
In short, there is already a provision in place to take care of anything that meets the new criteria...

I'm at a bit of a loss ref this, as there are now two references in the NDA WRT criminal records that do not align. Division 6.2 specifically names CSD offences which are "designated" which enables them to be treated as criminal convictions IAW the Identification of Criminals Act, yet the newest changes imply that some offences which are not designated offences are still going to be treated as causing a "criminal record" under the NDA, yet there is no legal authority to gather the required fingerprints, photographs and other information that may be required to get these "criminal convictions" entered into CPIC.

For ref, designated offences are:
Quote
196.26 In this Division, designated offence means an offence under any of the following provisions of this Act:

    (a) paragraphs 75(a) to (d) (offences related to security);

    (b) paragraphs 77(a) and (d) to (i) (offences related to operations);

    (c) section 78 (spying for the enemy);

    (d) section 79 (mutiny with violence);

    (e) section 80 (mutiny without violence);

    (f) paragraphs 81(a) and (b) (offences related to mutiny);

    (g) section 84 (striking or offering violence to a superior officer);

    (h) paragraphs 87(a) to (c) (resisting arrest or custody);

    (i) section 95 (abuse of subordinates);

    (j) section 100 (setting free without authority or allowing or assisting escape);

    (k) section 101 (escape from custody);

    (l) section 101.1 (failure to comply with conditions);

    (m) section 102 (hindering arrest or confinement or withholding assistance);

    (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles);

    (o) section 113 (causing fires);

    (p) section 114 (stealing);

    (q) section 115 (receiving);

    (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful;

    (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud;

    (t) section 118 (offences in relation to tribunals);

    (u) section 118.1 (failure to appear or attend);

    (v) section 119 (false evidence);

    (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm;

    (x) section 127 (negligent handling of dangerous substances);

    (y) section 128 (conspiracy); or

    (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act.

Offline Navy_Pete

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But, if a white member grew up in the same environment gets charged...no consideration is given to their "personal history"?

It really should be considered for everyone, but given that there are multiple generations that were destroyed by the residential schools and some other fairly awful things that Canada did to it's own people, seems fair that it's (theoretically) mandatory.  Even with the SJC decision, it's not getting done, and was one of the points for action in both the Truth and Reconciliation report as well as the Missing and Murdered Indigenous Women report.  Read the summary for both sometime, absolutely appalling what happened.  Aside from the sexual and physical abuse and neglect of children, forced cultural assimilation, kidnapping and separating them from their families and all the other horrors from that, there was also some really awful things like a sled dog slaughter in northern communities by the RCMP.  There are a lot of people that had similarly bad childhoods, but none of that was the result of a systematic campaign against the FN that started hundreds of years ago when Europeans rolled up and the GoC enthusiastically picked up the torch.  The last school closed in the early 90s, so it's not even like it's ancient history.

Highly recommend reading the report; absolutely opened my eyes and really knocked the shine of naivety that I had for Canada as an idea and brought it down to reality. I think Canada as a whole is better than most countries, but that is some really ugly history that we need to confront. It's been going on for generations, and when it's that widespread affecting grandparents down to the kids, it's going to take generation to sort out. 

[/end rant]

The Gladue reports are also supposed to provide some alternative sentencing options, are those even an option for the CMJ system? Some of the recommendations are pretty straightforward (ie person likely has Fetal Alcohol system, so should be sent for diagnosis and maybe have counseling/treatment as part of the sentencing), but others are things like release to the community with conditions, healing lodges, etc to deal with underlying mental health issues (ie trauma from being abused in residential schools). I'm not really sure how they are reconciling the Gladue report goals with using it as a mitigating factor, when we don't have the same sentencing tools that you would on civy side, or how you would even go about getting some kind of equivalent for a FN member. It's already a fairly byzantine bureaucratic process on civvie cases with a huge shortage of report writers, so sounds like it could be a pretty messy complication to any otherwise straightforward CM.

PS they aren't free; suppose anyone has figured out whose FIN code one of those would get charged to? 

Offline cld617

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But, if a white member grew up in the same environment gets charged...no consideration is given to their "personal history"?

That's not what it says at all, it says "particular attention" is to be afforded, not that leniency or no consideration is to be afforded to anyone of any color or ethnic background. All this additional measure does is create a situation where whoever is dishing out punishments is mandated to consider particulars which evidently have been overlooked so often enough in the past that we've decided they need to be considered, rather than that consideration being optional.

Offline Navy_Pete

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As an aside, think the Gladue report type scenarios are much less likely/severe for the CMJ anyway; the people that really need them are probably not likely to even walk into a recruiting centre. It's meant for people that find themselves inadvertently in the justice system, and not really for someone that deliberately joined the CAF and became subject to the CSD. From what I can tell, we already do a pretty good job of taking a lot of these things into consideration for everyone, and people that have gotten into issues because of an addiction problem or whatever seem to get treatment before the actual trial rolls around.

This seems more like a token consideration for appearances sake, but would be interested to see what happens if it ever came up in a CM.

Offline Jarnhamar

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If we got rid of the FN reserve system we would have to worry about giving "particular attention" to FN members less and less.

This does seem like a token consideration for appearences sake in the CAF.
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Offline Kilted

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"There was also some really awful things like a sled dog slaughter in northern communities by the RCMP."


I actually covered this in school. It was found that apart from some dogs being put down for safety and health concerns, this never occurred. There weren't even as many dogs in the North as were allegedly killed to begin with. 

http://publications.gc.ca/site/eng/389331/publication.html

Offline Brad Sallows

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>It's meant for people that find themselves inadvertently in the justice system

Aka "people convicted of a crime".  People don't get there "inadvertently", and if we really meant to reduce "over-representation in the system" (which is chiefly a euphemism for "over-represented in prison") then we'd have to start before entry into the "the system" (eg. stop arresting people, or stop charging people).
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Offline Navy_Pete

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>It's meant for people that find themselves inadvertently in the justice system

Aka "people convicted of a crime".  People don't get there "inadvertently", and if we really meant to reduce "over-representation in the system" (which is chiefly a euphemism for "over-represented in prison") then we'd have to start before entry into the "the system" (eg. stop arresting people, or stop charging people).

I guess I meant that they are part of the justice system as an offender, vice consciously signing up and having the NDA and CMJ system apply.  Poor choice of words I guess.

Offline Navy_Pete

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"There was also some really awful things like a sled dog slaughter in northern communities by the RCMP."


I actually covered this in school. It was found that apart from some dogs being put down for safety and health concerns, this never occurred. There weren't even as many dogs in the North as were allegedly killed to begin with. 

http://publications.gc.ca/site/eng/389331/publication.html

Bit more complicated then that, and there was a follow on report done by the Qikiqtani Truth Commission that goes into a lot more detail, and is pretty balanced.  The RCMP report was pretty one sided, and QC ended up paying out a $3M settlement a few years ago.  Basically the Inuit were used to keeping the dogs loose; the RCMP and others said that was a safety issue and put a bunch of them down (probably without the normal warnings or explanation on why the dogs where shot). The whole thing grew into a bit of a mythical proportions, but it wasn't the straightforward 'health and safety' issue the RCMP wrote it off as.

There wasn't necessarily any kind of deliberate order to cull the sled dogs, but they were a bunch of outsiders applying a bunch of city policies to people that were used to being small groups of hunter gatherers, which was par for the course with the general 'we know better' approach the government takes.

https://www.qtcommission.ca/sites/default/files/public/thematic_reports/thematic_reports_english_rcmp_sled_dog.pdf



Offline Kyle Burrows

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If we got rid of the FN reserve system we would have to worry about giving "particular attention" to FN members less and less.

This does seem like a token consideration for appearences sake in the CAF.



As someone who routinely works with First Nations offenders and the justice system, I can tell you that the reserves themselves are not the problem.  There are other issues with the reserve system (which I won't get into), but you cannot blame their existence for criminal behaviours. There are many hard working persons who live on the reserves who share the same or similar values as you and I.  They want to be happy, safe, and loved.


The contributing factor is more related to what is known as inter-generational trauma, specifically the victimization of new generations by the old, who themselves were victimized.  These behaviours and values are often learned from the caregivers, who themselves have suffered similar.  We see the same types of issues from families of all races and are seem more content to sympathize when we refer to it as "broken homes".  The reality is that the historical marginalization, including the residential school system, of the First Nations was perpetuated by the institution of Canada.  The government has acknowledged this.


First Nations have reserves because they were here first and we sought to corral them.  Ironically, it was Canadian Governors who enabled this through a rampant misinterpretation of the kings orders that were designed to protect the first nations who helped Britain to claim Canada.  The reality is that while many of these reserves struggle due to a lack of funding, many are also successful.  The idea that a reserve, as a geographical entity, contributes to deviance is flawed.  All that line of thinking seeks to do is perpetuate a false stereotype of the First Nations people as a whole.   What has been stereotyped as universal is an almost involuntarily adapted sub-culture that is caused, in part, by the inter-generational trauma. That subculture is crime, substance abuse, and violence. That subculture is, by and large, the only coping skills they have learned from generation spanning broken homes.  That subculture is prevalent in every race across our society. It is absolute ignorance to consider a geographic location as the cause of it.


You would be surprised how many first nations offenders present very similarly to persons with unmanaged PTSD.  Because it is PTSD.  It is the same PTSD we see in child soldiers, in our own people, in first responders and civilians.  And it is because we have not put systems in place that make it truly a possibility to address these issues in the long term.  Geography is not the cause.  The fact that we continually make mental health care a secondary priority is.  The only time geography comes into play is that when we can barely provide these services in major cities we can't provide them at all in other places where they are still very much needed.


Caveat to my statements this being these:


1) There are First Nations offenders who, like offenders from all other races, are just assholes.  And from what I've seen on the street, the First Nations communities are actually quite remarkable at policing their own in this regard - I have seen individuals excommunicated from groups for crimes that were "too far".


2) The application of Gladue by the courts is flawed when we continually fail to provide a correctional and judicial system that allows for effective correction and re-integration.  An effective judicial system sentences offenders for the time needed to rehabilitate, and an effective correctional system provides the resources and treatment options to do so. The lack of theraputic services and treatment options inside our provincial systems perpetuates this.  A person, any person, shouldn't need to be sentenced to over two years before they have an option to get help.  You know this system is broken when people ask for more time so that they can access these services.  I have seen that happen more than once and it breaks my heart. 
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Offline Jarnhamar

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There are other issues with the reserve system (which I won't get into)


Why not Kyle?
Sort of unfair to argue there are other issues with the reserve system but stop short of explaining what they are.


Quote
There are many hard working persons who live on the reserves who share the same or similar values as you and I.  They want to be happy, safe, and loved.


Definitely agree.



Quote
The contributing factor is more related to what is known as inter-generational trauma, specifically the victimization of new generations by the old, who themselves were victimized.  These behaviours and values are often learned from the caregivers, who themselves have suffered similar.


Okay. And the reserve system is a sort of closed circuit community that people "escape from".
We know the government and other organizations don't like dealing with reserves and/or the culture of abuse that systemically plagues reserves for fear of being called racist. We just launch money at them.

And it's racist to ask where X millions of dollars are spent.

I surmise getting rid of the reserve system will force FN members/communities to intrigrate with the rest of our system which will force the systemic abuse out into the open and require it be dealt with.

I've never heard or read of a positive thing about the reserve system (but I could very well be wrong or misguided)


« Last Edit: July 09, 2019, 15:43:38 by Jarnhamar »
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Offline Kyle Burrows

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Why not Kyle?
Sort of unfair to argue there are other issues with the reserve system but stop short of explaining what they are.
The topic being discussed is criminal and military justice.  The impact that this CANFORGEN has on aboriginal mbrs directly pertains to it.  The other perceived or real shortcoming of the reserve system does not.

 
Quote
Okay. And the reserve system is a sort of closed circuit community that people "escape from".
That may be your individual belief, but it is not something that you, as an individual, can assert universally.

Quote
We know the government and other organizations don't like dealing with reserves and/or the culture of abuse that systemically plagues reserves for fear of being called racist. We just launch money at them.

And it's racist to ask where X millions of dollars are spent.


As stated above, systemic abuse is not something that is limited to reserves.  Tying this back to the reserves is ignorant and a straw man argument.  Moving the same family unit off a reserve would not address the cause.


Discussing the financial management of the reserve system is not the purpose of this thread.

Quote
I surmise getting rid of the reserve system will force FN members/communities to intrigrate with the rest of our system which will force the systemic abuse out into the open and require it be dealt with.


We tried forced integration before.  It resulted in systemic abuse that Canada still wears the blame for.

Quote
I've never heard or read of a positive thing about the reserve system.
Then you haven't looked.  The news is about as non-partisan to the reserve system as it is to the CAF.
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Offline Jarnhamar

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Moved response to a more appropriate area.
« Last Edit: July 09, 2019, 16:59:36 by Jarnhamar »
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Offline H11F

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But, if a white member grew up in the same environment gets charged...no consideration is given to their "personal history"?

It is unfortunate that this is how it will likely be interpreted by the vast majority, but hopefully education on the history and purpose of said provision can help alleviate feeling like a two-tier system for sentencing considerations has been created.

First, Aboriginal individuals are under-represented in the population and yet over-represented in the Criminal Justice System. No matter how you spin it, no matter what you think of different groups of people and their history, that should trigger alarm bells for anyone.

Second, the CANFORGEN is poorly constructed. While I appreciate it bringing to light changes to the NDA, the manner in which it focuses on those provisions which have entered into force does a disservice to the provisions themselves. The changes that you are concerned about should be read as such:

National Defence Act
203.3 A service tribunal that imposes a sentence shall also take into consideration the following principles: (c.1) all available punishments, other than imprisonment and detention, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders


All this is saying is: "Hey, you need to consider all aggravating and mitigating factors when considering a sentence that is appropriate to the case before you and that fits with the objects of the Military Justice System. Oh, and by the way, there are some additional historic factors which should be considered for Aboriginal offenders."

That doesn't mean that such factors could not apply to anyone else, it just means that a Presiding Officer or Judge/Justice should consider historic factors that are unique to Aboriginal culture. The Gladue Principle is not any automatic reduction in sentence. Further, the factors to be considered are not an excuse or justification of criminal conduct.

Also keep in mind that the way the CANFORGEN presents 203.3(c.1) of the NDA is in isolation from the rest of the Division dealing with sentencing. That doesn't work in any context - heck, all of our jobs and tasks are complex, and to have only one piece isolated and explained w/o context would do a disservice to it as well.

Some of those factors that should be considered include: family circumstances, support network, residential schools, unemployment, lack of educational opportunities, dislocation from aboriginal communities, loneliness and community fragmentation, family involvement in a criminal environment, loss of identity, culture and ancestral knowledge, substance abuse, poverty, racism, abuse, and witness to violence.

Some of those could be considered for all offenders, some are a little more specific to Aboriginal offenders.

As an aside, think the Gladue report type scenarios are much less likely/severe for the CMJ anyway; the people that really need them are probably not likely to even walk into a recruiting centre ... This seems more like a token consideration for appearances sake, but would be interested to see what happens if it ever came up in a CM.

I am actually going to disagree with this. There are a number of recruiting initiatives, such as Black Bear, which bring in Aboriginal youth in an attempt to demonstrate that the CAF is a possible career path. These programs have a different entry process than normal entry (not different standards, just a different process as far as I can tell), and there is no reason to believe the Gladue factors wouldn't be worth considering. Further, given the number of individuals in the CAF with all sorts of historical backgrounds that have an effect on them, I wouldn't consider CFRG an effective filtering system.

H11F.

Offline Navy_Pete

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I am actually going to disagree with this. There are a number of recruiting initiatives, such as Black Bear, which bring in Aboriginal youth in an attempt to demonstrate that the CAF is a possible career path. These programs have a different entry process than normal entry (not different standards, just a different process as far as I can tell), and there is no reason to believe the Gladue factors wouldn't be worth considering. Further, given the number of individuals in the CAF with all sorts of historical backgrounds that have an effect on them, I wouldn't consider CFRG an effective filtering system.

H11F.

Fair point.  Also noticed it is supposed to apply to summary trials, so even if there is a small number of Aboriginal members, theoretically could come up for something as stupid as an AWOL or another one of the 'baby 5' charges.

Read through the NDA changes, and didn't actually see it in any of the ref paras.  May have missed it, but was this consideration officially rolled into the NDA somewhere as a mitigating consideration?

Reminds me that I need to do the presiding officer course refresher; curious if it will be updated to reflect any of this.

I got curious so actually went and read through the changes to the NDA, but didn't actually see anything