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Posted by Carl DINSDALE <joscol@mb.sympatico.ca> on Tue, 16 May 2000 00:06:12 -0500
Gents,
I was just wondering if anyone else out there was following the story of
the Court Martial of Sgt. Kipling in Winnipeg for his refusal to take
the anthrax vaccine while on tour in the Gulf. The Judicial Officer
found that Kipling‘s Charter Rights had been violated and that the DND
did not conduct sufficient testing on the administered vaccine to have
it considered safe. The Court Martial was halted before it even began
because of these Charter arguments and that is unfortunate because there
was no definition given as to where a soldier‘s Charter Rights end and
the Military Code of Conduct begins. The DND is now open to civil suits
from anyone who ever took the vaccine and fell ill or can claim to have
fallen ill because of it.
Any thoughts on this and how it will impact on the CF in the future? I
think this will ultimately have an impact on every order given in the
military because now the person giving the order has to be well versed
in the Canadian Charter of Rights and Freedoms and must decide if the
order breaches the Charter in any way. Can a soldier now refuse to take
part in a barracks inspection because it violates his Right against
unlawful search of his dwelling house? I could be way off track here,
but it certainly doesn‘t bode well for the Canadian Military Justice
system.
Comments?
Pro Patria
Carl
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Gents,
I was just wondering if anyone else out there was following the story of
the Court Martial of Sgt. Kipling in Winnipeg for his refusal to take
the anthrax vaccine while on tour in the Gulf. The Judicial Officer
found that Kipling‘s Charter Rights had been violated and that the DND
did not conduct sufficient testing on the administered vaccine to have
it considered safe. The Court Martial was halted before it even began
because of these Charter arguments and that is unfortunate because there
was no definition given as to where a soldier‘s Charter Rights end and
the Military Code of Conduct begins. The DND is now open to civil suits
from anyone who ever took the vaccine and fell ill or can claim to have
fallen ill because of it.
Any thoughts on this and how it will impact on the CF in the future? I
think this will ultimately have an impact on every order given in the
military because now the person giving the order has to be well versed
in the Canadian Charter of Rights and Freedoms and must decide if the
order breaches the Charter in any way. Can a soldier now refuse to take
part in a barracks inspection because it violates his Right against
unlawful search of his dwelling house? I could be way off track here,
but it certainly doesn‘t bode well for the Canadian Military Justice
system.
Comments?
Pro Patria
Carl
--------------------------------------------------------
NOTE: To remove yourself from this list, send a message
to majordomo@cipherlogic.on.ca from the account you wish
to remove, with the line "unsubscribe army" in the
message body.
