The Right to Protection: Security
A victim has the right to have their security considered by the appropriate authorities within the military justice system.
The Declaration of Victims Rights uses existing jurisprudence and law to give victims within the military justice system expanded rights. Measures taken to protect victims’ safety can include, but are not limited to:
- have their security and privacy considered by appropriate authorities in the military justice system
- be protected from intimidation and retaliation
- ask the court martial that their identity not be released to the public (mandatory if requested for victims under 18)
- request testimonial aids when appearing as a witness, including testifying outside the courtroom, behind a device or with a support person, as well as requesting not to be cross-examined by the accused person
In courts martial for certain offences, amendments to the National Defence Act will align the procedures for third-party records applications with recent jurisprudence and similar amendments to the Criminal Code to establish equivalent protection for the safety and security of victims in the military justice system.
For more information
- National Defence Act (NDA):
- section 71.05 (Security)
- section 71.09 (Testimonial aids)
- section 147.6 (If injury or damage feared)
- section 158.61(Direction — no communication)
- section 159.31 (Direction — no communication)
- section 180 (Proceedings public – Exception)
- section 183.4 (Non-disclosure of witness’s identity)
- section 183.5 (Order restricting publication – sexual offences)
- section 183.6 (Order restricting publication – victims and witnesses)
- sub-section 158.6(1.1) (Consideration of victim’s safety and security)
- sub-section 159.7(2) (Consideration of victim’s safety and security)
- sub-section 215(1.1) (Consideration of victim’s safety and security)
- sub-section 248.3(2) (Consideration of victim’s safety and security)
- Queen’s Regulations and Orders for the Canadian Forces (QR&O):
Canadian Forces Military Police Group
Members of Canadian Forces Military Police Group (CF MP Gp) will consider a victim’s safety throughout an investigation and legal proceeding. CF MP Gp members will provide information to a victim concerning their safety at the earliest possible opportunity, if and when it is required.
Emergency?
The CF MP Gp offers a Victim Services Program (VSP). The VSP assists victims by providing victim services coordinators (VSC). The VSC will inform the victim of available resources and can arrange for victim safety measures.
Specific examples of safety measures available to a victim include, but are not limited to, the following:
- Protection orders made by civilian criminal courts
- Referrals to women-only shelters
- Referrals to private military quarters
- Access to temporary or emergency shelters and homes available to all victims of crime in some communities
For more information
For victims of sexual misconduct
The Chain of Command (CoC) will enquire with the victim as to immediate care, safety and support needs and ensure these are considered. The CoC will refer the victim to support services such as the Sexual Misconduct Support and Resource Centre, if it is appropriate.
For more information
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