Chapter 18 – Conclusion - Court Martial Comprehensive Review – Interim Report
This report responds to the JAG’s direction to provide a broad policy-based analysis and discussion of Canada’s court martial system that is focused on assessing the effectiveness, efficiency, and legitimacy of the current system, and a range of representative options for enhancing it.
Consistent with the CMCR Terms of Reference (Annex A), as amended (Annex B), the comprehensive review has been informed by consultation with the public, other government departments, foreign subject matter experts, and senior CAF leaders. The review has also been informed by consultation with targeted experts from both inside and outside of Canada. The input that was received by the CMCRT through these consultations has offered the team extremely valuable insights from a wide variety of stakeholders who represent different and important perspectives. The CMCRT gratefully acknowledges the significant time and energy that was taken by everyone who contributed to the consultation process. Without the input that was provided by these contributors, it would have been impossible to produce this report.
This report has attempted to situate the CMCRT’s contemporary assessment of the current court martial system within the larger historical and comparative context within which the system now exists, while considering other critical perspectives on the system, all of the input received during the consultations, and the CMCRT’s theoretical model for the court martial system.
Ultimately, as reflected within Chapter 7, the CMCRT has undertaken a detailed assessment of the current court martial system that includes specific discussion of each subject area within the system that has been considered as part of the comprehensive review. The assessment concludes that the current court martial system is somewhat effective (mostly in terms of its ability to achieve a public order and welfare purpose), appears to have considerable room for improvements in efficiency, and, as a result, faces challenges to its legitimacy.
In light of this assessment, the CMCRT has also discussed a wide range of representative options within Chapters 9-17 that all appear to offer the potential for improvements to the system across the combined principles of effectiveness, efficiency, and legitimacy. Any option or combination of options could be developed in more detail, or adapted in different ways, in order to generate any enhancements to the court martial system that future decision-makers might feel are necessary.
Ultimately, the CMCRT is hopeful that this report – in addition to offering the assessments of effectiveness, efficiency, and legitimacy that were directed by the JAG – may serve as a basis for future discussions and responsible development of the court martial system to ensure that it continues to meet the needs of the Canadians and reflects Canadian values.
Court Martial Comprehensive Review Team
21 July 2017