Code of service discipline and the Canadian Charter of rights and freedoms

[Michael OLeary]

Siverbach, as one of the lawyers on the forum, why don't you apply your professional point of view and explain to us how these two seemingly contradictory (in your mind) documents (Charter and NDA) can legally co-exist, and have done so without undue stress for so long.

Secondly, I would recommend that you review the role of the JAG in the review of charges and summary trial preparations which they now execute before a charge is laid and summary trial conducted. The system certainly has many more legal checks and balances than it did ever before the Charter.

 

[silverbach]

I'm sure that the summary trial process is working exaclty the way the JAG office wanted it to work. Previously, when I talked about the constitution, I wasn't thinking at all on the way members of the CF are doing their job. My only concern is the procedural irregularities during the summary trials, especially if we consider that 94 % of the cases in 2004-2005 were handled by officers during summary trials.

Bottom line is that if an accused doesn't mind being judged in a summary trial and that between 5 to 10 of his constitutional rights are being violated, then it's all good for me. If this person makes that decision and wants his case to be handled that way after I gave him my advice, cool ! It's his call.

 

[Michael OLeary]

Then I guess we can sum this up. Feel free to pursue change from within the JAG or from the bench of the Supreme Court, whichever you achieve first.

Cheers.

Locked.