 Court drops bomb by ruling against constitutionality of military justice system Canada's military justice system is in danger of being blown up following a bombshell court ruling that found the current process of trying service members for serious crimes — including sexual assault and murder — violates their charter rights.Commentsview comments in forum Page 1 You need to be a member of CKA and be logged into the site, to comment on news. |
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It makes sense though. Some charges in the law are not in the Military codes, so they should not be tried in Military courts.
Agreed.
So is murder different if your a servicemen?
Yes. If it weren't, you could be charged with it in every war.
Same as 'treason'. It means different things to Military and Civilian courts.
So is murder different if your a servicemen?
Yes. If it weren't, you could be charged with it in every war.
Same as 'treason'. It means different things to Military and Civilian courts.
I guess. I just felt that there was a different definition of murder in wartime.
It makes sense though. Some charges in the law are not in the Military codes, so they should not be tried in Military courts.
If you look at QR&O Volume 2 you find a list of offences under the National Defence Act, and if you weren't looking for it you'd miss article 103.61 "Offences Against Other Canadian Law" which is what the JAG has used to try people for the serious crimes like murder and rape.
103.05 Introduction
103.06 Offences by Commanders When in Action
103.07 Offences by Any Person in Presence of Enemy
103.08 Offences Related to Security
103.09 Offences Related to Prisoners of War
103.10 Offences Related to Operations
103.11 Offence of Being a Spy
103.12 Mutiny with Violence
103.13 Mutiny without Violence
103.14 Offences Related to Mutiny
103.15 Advocating Governmental Change by Force
103.16 Disobedience of Lawful Command
103.17 Striking or Offering Violence to a Superior Officer
103.18 Insubordinate Behaviour
103.19 Quarrels and Disturbances
103.20 Resisting or Escaping from Arrest or Custody
103.21 Desertion
103.22 Connivance at Desertion
103.23 Absence without Leave
103.24 False Statement in Respect of Leave
103.25 Scandalous Conduct by Officers
103.26 Cruel or Disgraceful Conduct
103.27 Traitorous or Disloyal Utterances
103.28 Abuse of Subordinates
103.29 False Accusations or Statements
103.30 Drunkenness
103.31 Malingering or Maiming
103.32 Detaining Unnecessarily or Failing to Bring up for Investigation
103.33 Setting Free without Authority or Allowing or Assisting Escape
103.34 Escape from Custody
103.345 Failing to Comply with Conditions
103.35 Hindering Arrest or Confinement or Withholding Assistance When Called on
103.36 Withholding Delivery Over or Assistance to Civil Power
103.37 Losing, Stranding or Hazarding Vessels
103.38 Repealed 1 September 1999
103.385 Disobedience of Captain's Orders – Ships
103.39 Wrongful Acts in Relation to Aircraft or Aircraft Material
103.40 Signing Inaccurate Certificate
103.41 Low Flying
103.42 Disobedience of Captain's Orders – Aircraft
103.43 Improper Driving of Vehicles
103.44 Unauthorized Use of Vehicles
103.45 Causing Fires
103.46 Stealing
103.47 Receiving
103.48 Destruction, Loss or Improper Disposal
103.49 Miscellaneous Offences
103.50 Offences In Relation to Tribunals
103.505 Failure to Appear or Attend
103.51 False Evidence
103.511 Offence in Relation to the Sex Offender Information Registration Act
103.512 Offence in Relation to DNA Identification
103.52 Offences in Relation to Billeting
103.53 Fraudulent Enrolment
103.54 False Answer or False Information on Enrolment
103.55 Assisting Unlawful Enrolment
103.56 Negligent Performance of Duties
103.57 Offences in Relation to Documents
103.58 Refusing Immunization, Tests, Blood Examination or Treatment
103.59 Negligent Handling of Dangerous Substances
103.595 Conspiracy
103.60 Conduct to the Prejudice of Good Order and Discipline
103.61 Offences Against Other Canadian Law
103.615 Offences Under Law Applicable Outside Canada
103.62 Conviction of Related or Less Serious Offences
103.63 Conviction of Attempt to Commit Offence
103.64 Special Findings
103.65 to 103.99 Not Allocated
http://www.forces.gc.ca/en/about-polici ... c-103.page
But I do have a question. Without 103.60 in QR&O Volume II how do the barrack stanchions who made the decision that all military members should have the right to a civilian jury trial try someone who commits a serious offence in another country? My guess is that the country in which the crime was committed won't release any of our people they have in their jails if they know that they'll be getting a civilian trial in Canada if, they even get a trial at all.
For over a century our military through good faith made a promise that any offenses committed by our personnel in another country would be dealt with fairly through our military justice system. Now it's going to be impossible to make and keep that promise.
So, if you're serving you'd better hope like hell that you don't get arrested in a foreign country, especially one who doesn't think that Canada's Charter of Rights and Freedoms trumps their judicial system.