Overview
- Defence Minister David J. McGuinty tabled the Military Justice System Modernization Act, reviving a package that died with January’s prorogation.
- The bill would remove the Canadian Armed Forces’ authority to investigate and prosecute Criminal Code sexual offences committed in Canada, assigning exclusive jurisdiction to civilian police and courts as recommended by Justice Louise Arbour.
- It would make the Provost Marshal (to be retitled Provost Marshal General), the Director of Military Prosecutions, and the Director of Defence Counsel Services Governor-in-Council appointments to reduce real or perceived chain-of-command influence.
- Other changes include expanding eligibility for military judges to include non-commissioned members, excluding judges from the summary hearing system, widening access to Victim Liaison Officers, and aligning sex-offender and publication-ban provisions with recent Criminal Code amendments.
- McGuinty said a framework with Ontario has been signed to guide transfers to the civilian system, and the legislation now awaits parliamentary debate and committee study.