Court martial bogs down

[Spr.Earl]

Court martial bogs down

By J.P. SQUIRE The Daily Courier

The court martial of a sergeant in the B.C. Dragoons got off to a rocky start Tuesday when the first day became bogged down on the hearing schedule

Prosecutor Maj. Robin Holman submitted an application earlier Tuesday to start the court martial of Sgt. Bill Parson on charges of sexual assault and prejudicial conduct at 5 p.m. each day

Military judge Lt.-Col. Mario Dutil said it was the first time a prosecutor or defence counsel had tried to bind the court to a specific schedule

"That‘s why I‘m puzzled," he said, since it could threaten the crucial principle of judicial independence

"I‘m not sure I‘m in a position to rule tonight. It‘s a very important matter," said Dutil

At 7:10 p.m., he left the temporary courtroom at the Brigadier Angle Armoury to consider his decision after listening to just over an hour of argument by Holman and testimony from B.C. Dragoons commanding officer Lt.-Col. Denis Cyr

At press deadline, Dutil had still not announced his ruling

Cyr testified that some witnesses, part-time soldiers with the Dragoons, had expressed concern because they have full-time employment or are full-time students. The court martial will take students away from their academic studies and "it may put them in jeopardy as they approach final exams," said Cyr

"One member will have to close his business." It‘s also an opportunity for his soldiers to watch military justice in action, he said

The trial is expected to last four days, with the prosecutor calling between four and eight witnesses.

http://www.kelownadailycourier.ca/archive/2004/02/25/stories/5597_full.php4?latest_date=2004/02/25

 

[Pikache]

Please post a link to the article. It helps in case someone wants to reference it.

On side note, CF doesn‘t need this sort of press...

 

[Scoobie Newbie]

I couldn‘t believe how many court martials there are scheduled for this year (I found it on the DIN under the Jag section).

 

[Scoobie Newbie]

http://www.forces.gc.ca/cmj/calendarDec_e.asp

http://www.forces.gc.ca/cmj/CMresults_e.asp


http://www.forces.gc.ca/jag/military_justice/cmartials_and_appeals/default_e.asp

 

[Spr.Earl]

Originally posted by RoyalHighlandFusilier:
[qb] Please post a link to the article. It helps in case someone wants to reference it.

On side note, CF doesn‘t need this sort of press... [/qb]

I think it was about 5yrs ago when DND changed the Rule‘s about publicity to show transparancy and that Military Justice is even handed.

I‘ll post a link for Mil.Law.

 

[Tpr.Orange]

It is important for the public to see this information good point earl

 

[Infanteer]

Alot of sexual assault charges...is this from SHARP implementaion, or is this normal?

 

[garb811]

Prior to...1998 I believe, sexual assaults could not be tried by Courts Martial if the offence was committed in Canada, it had to be dealt with via civilian court no matter what the circumstances.

This has been ammended and s 70 of the NDA now reads:

"A service tribunal shall not try any person charged with any of the following offences committed in Canada:

(a) murder;

(b) manslaughter; or

(c) an offence under any of sections 280 to 283 of the Criminal Code."

The sections in para c deal with Abduction.

As for whether or not the number of current charges is "normal" there isn‘t really any historical data to gauge it by. I doubt, however, any of these charges are due to SHARP implementation although it is possible some investigations may have originated as harassment complaints. I believe two things are occuring:

1) the charges are more visible since they are via Courts Martial and not downtown where they are "lost" in the daily case load of the civilian courts; and

2) it is possible the military is proceeding with cases which a crown prosecutor downtown would decline to proceed with due to the severe impact this issue has on morale and discipline.

My personal thoughts only...

 

[bossi]

Yup - I‘m inclined to agree with your point (2).
Certain crimes have a greater effect upon unit morale and cohesion than they would upon civvie street (I know that sounds bad, but ... sometimes we should look after the Army first, instead of being a petri dish for ... whomever ... but, I digress ...)

I think the old rules were to prevent the Army from "looking after its‘ own" ... whereas today, they‘re looking to enforce strict discipline (as compared to civvie courts ... where they seem to be concerned more with clearing the dockets ... okay, I‘d best shut up now before being ‘held in contempt‘)

 

[Danjanou]

garb, I think you‘re right there. I was called to testify in a sexual assault case back around 1991-92. The defendant was a reservist as was the accuser. even though both were CF members and the alleged incident was on DND property, the case was tried in civy criminal court. We even received instructions (there were several unit members as witnesses) to not wear uniform.

FYI he was found not guilty, after it was shown someone had made up the allegation.

 

[Brad Sallows]

How much latitude do we provide to participants in the criminal justice system?

If this were a summary trial, I can see running it on a reserve schedule. But a court martial?

 

[Marauder]

I bet buddy is wishing he was under the auspices of the Patrica or Royal Protection Societies right about now...

 

[Spr.Earl]

Just some info to read.

Federal Government has Exclusive Jurisdiction
The federal government is granted exclusive jurisdiction over the "Militia, Military and Naval Service, and Defence" pursuant to Section 91(7) of the Constitution Act, 1867.



Background and History of Military Law in Canada
Parliament established its first codification of military law regulating matters of national defence in 1868 with the Militia Act. The Naval Services Act and the Royal Canadian Air Force Act were subsequently enacted in the 1940‘s.

Following the Second World War Parliament re-examined all legislation applicable to the armed forces in Canada with the result that in 1950 the National Defence Act (the "NDA") was passed. The NDA remains the governing statute of the Canadian Forces.

Since 1868, the above-noted statutory schemes have made it clear that Canadian troops are subject to ordinary laws that apply to all citizens and to the jurisdiction of civil courts. By joining the armed forces, however, they subject themselves to additional liabilities and responsibilities under Canadian military law.

Many of their special responsibilities and duties are set out in the Queen‘s Regulations and Orders (QR&O‘S) Chapters 4 (officers) and 5 (non-commissioned members).



The National Defence Act (NDA) and the Code of Service Discipline (CSD)
The NDA contains the Code of Service Discipline (the "CSD"), found in Part III with related provisions in Part VII.

The CSD constitutes a complete code of military law applicable to persons under service jurisdiction. Section 60 deals with the jurisdiction of the CSD over persons. It should be noted that in addition to military personnel, the CSD also applies to civilians accompanying a unit of the Armed Forces and alleged spies for the enemy. The CSD constitutes the basic framework which is filled in by the QR&O‘s9 , Canadian Forces Administrative Orders (the "CFAO‘s"), and a multitude of other orders issued at the command, base, and unit levels.

Section 12 of the NDA provides the Governor in Council and the Minister of National Defence with the power to make regulations for the "organization, training, discipline, efficiency, administration, and government of the Forces", so long as such regulations are not inconsistent with the NDA.

The QR&O‘s, promulgated under the authority conferred by Section 12, amplify the CSD and provide the authoritative manual for military law in Canada.




Purpose of Military Law
The purpose of military law is to promote good order and a strict disciplinary standard within the services by providing for prosecution of military personnel determined to have contravened statutes or subordinate regulations. The importance of strict discipline as an operational requirement for any military organization has been long supported by policy-makers.



Penalties under the Code of Service Discipline
The following punishments may be imposed in respect of service offences:


imprisonment for life;
imprisonment for two years or more;
dismissal with disgrace from Her Majesty‘s service;
imprisonment for less than two years;
dismissal from Her Majesty‘s service;
detention;
reduction in rank;
forfeiture of seniority;
severe reprimand;
reprimand;
fine; and
minor punishments.


Types of Courts Martial
There are four types of courts martial within the Canadian Forces:

the General Court Martial;
the Disciplinary Court Martial;
the Standing Court Martial; and
the Special General Court Martial.
These four types of courts martial allow a flexibility for the selection of the most suitable tribunal when considering the status of the accused, the charge and possible punishment, as well as the location where the trial is to be held.

Each court martial is distinguished by different jurisdictions, compositions and powers of punishment. All four types of courts martial are presided over by a military judge and all four administer the CSD


http://www.canadianlawsite.com/military.htm