CMAC: Mil judges w/no long-term tenure = lack of independence

[The Bread Guy]

Court Martial Appeal Court decision (PDF) here - more from the Globe & Mail here:

A court has struck down portions of the National Defence Act that stipulate how military judges are appointed, arguing the lack of security in their tenure denies them the independence required by the Charter to conduct themselves impartially.

The Harper government responded Wednesday by saying it would introduce legislation to rectify the problem.

Military judges are appointed by the government for five year, renewable terms and their job includes trying all Criminal Code offences including murder committed abroad, treason, sedition and spying.

They can be removed from the bench, however, after their half-decade term has ended.

Defence Minister Peter MacKay’s office said the government will bring a bill forward to grant judges longer terms.

“It's the government's intention to reintroduce military justice legislation which contains provisions to give military judges tenure until retirement,” MacKay spokesman Jay Paxton said.

The Court Martial Appeal Court of Canada ruled unanimously on the matter, arguing in a judgment released June 2 that military judges must be “constitutionally independent of the chain of the command” and the government ....

 

[Neill McKay]

What's the normal career progression for a military judge -- are they appointed from among the more senior legal officers, and then meant to remain as judges until CRA?

 

[larry Strong]

The three-justice panel of the Court Martial Appeal Court ruled unanimously that while military judges have much the same clout as superior and provincial court judges, they don't have the job security that goes with those jobs.

http://www.albertalocalnews.com/reddeeradvocate/news/national/Court_strikes_down_term_limit_for_military_judges_order_changes_123102098.html

Way outside my lanes.....however, do they not still have a military career?