On the same day the prime minister named Louise Arbour as Canada's next governor general, the Liberals voted to restore proposed legislation to move ahead with Arbour's key recommendation for the country’s military.
The bill before parliament would put into law Arbour's 2022 recommendation to strip the Canadian Armed Forces of the power to investigate and prosecute sexual offences, leaving that to civilian authorities instead.
The Liberals voted on Tuesday to drop a Conservative amendment to the bill that would have given victims of sexual offences the right to choose whether their cases are tried by the military or civilian judicial system.
Offhand I can’t think or any other part of Canada’s criminal justice system where the victim makes any election about mode of trial, jurisdiction, etc. I suspect this was an opposition ‘poison pill’, and I bet we’ll see them use it to make noise about the government not supporting sexual assault victims or something like that. But I don’t see a benefit to the administration of justice in that proposal.
Giving victims direct decision making over prosecutorial jurisdiction (DMP vs provincial MAG) and civilian court versus court martial would not be appropriate, nor would it be likely to deliver better justice. The role of the victim in prosecution is solely to be a witness, and then to give a victim impact statement if they so choose and if there’s a guilty verdict.
I suspect this was an opposition ‘poison pill’, and I bet we’ll see them use it to make noise about the government not supporting sexual assault victims or something like that.
It looks like there's been some testimony from SA victims and other witnesses, including SME's, in favor of empowering victims by giving them a choice.
But Conservative MP Jeff Kibble says the government is ignoring critical testimony from sexual assault survivors and other witnesses at the defence committee that studied the bill and made amendments.
Arbour’s report found giving victims a choice between the civilian and military systems would place an unfair burden on victims, and could leave them regretting their choice if there’s an acquittal.
"I think that it's infantilizing survivors a bit," said retired major Donna Van Leusden, who trains organizations to help other sexual assault survivors.
But I don’t see a benefit to the administration of justice in that proposal.
Giving victims direct decision making over prosecutorial jurisdiction (DMP vs provincial MAG) and civilian court versus court martial would not be appropriate, nor would it be likely to deliver better justice.
The main argument seems to be that civilian police may choose not to investigate allegations of sexual offences where the military will regardless. That gives victims a better chance of being heard, even if it's something civpol thinks is a waste of time/resources.
Also if military police investigate and decide no criminal code offence has been committed they can still refer the case to the members home unit for a UDI, potentially remedial measures. If civpol investigate and find no criminal offence is committed then it's dropped.
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