Chapter Five: Communication and outreach

Communication and outreach activities play a vital role in the legitimization of Canada’s military justice system. From key players in the military justice process as well as national and international strategic partners and organizations, communication and outreach activities form an integral part of the DMP’s strategic view to promoting Canada’s military justice system. In that regard, the DMP has made a concerted effort to engage a number of organizations to further enhance the legitimacy of Canada’s military justice system. This Chapter sets out those communications and outreach activities by the DMP over the course of the current reporting period.

CAF Chain of Command

The military justice system is designed to promote the operational effectiveness of the CAF by contributing to the maintenance of discipline, efficiency, and morale. It also ensures that justice is administered fairly and with respect for the rule of law. As the military justice system is one of several tools available to the chain of command in order to help it reach these objectives, it is imperative that the DMP, and those prosecutors within the CMPS, actively and effectively engage the chain of command throughout the court martial process.

Recent amendments to the NDA have expressly recognized principles and purposes of sentencing within the military justice system distinct from the sentencing regime within the criminal justice system, along with unique military factors that must be taken into consideration in sentencing, such as the effect the offence had on the conduct of a military operation. In order for CMPS to fulfil its role, it is important for prosecutors to understand the context in which CAF units and formations are operating, and their needs in relation to the maintenance of discipline, efficiency and morale.

While protecting the prosecutorial independence of the CMPS, the DMP recognizes the importance of maintaining collaborative relationships with the chain of command of the CAF. Collaborative relationships with the chain of command ensures that both entities work together to strengthen discipline and operational efficiency through a robust military justice system. During the reporting period the DMP continued his practice of proactively meeting with senior members of the chain of command on different military bases across Canada. 

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CFNIS

The CFNIS was established in 1997 with a mandate to investigate serious and sensitive matters related to DND and the CAF. It performs a function similar to that of a major crimes unit of the RCMP or large municipal police agency. It is important for all prosecutors to maintain a strong relationship with investigative agencies, while at the same time respecting the independence of each organization. Good relationships with investigative agencies ensure that the prosecutor and the investigator exercise their respective roles independently, but co-operatively, and help to maximize the CMPS’s effectiveness and efficiency as a prosecution service.

In the course of this reporting period, the DMP, accompanied by his DDMPs or his ADMP, visited numerous CFNIS detachments across the country to discuss prosecution needs and strategic intent. In addition, the DMP presented at the CFNIS Indoctrination Course on topics such as the DMP’s role and responsibilities, prosecutorial independence, and disclosure best practices. The presentation enhanced the incoming investigators’ awareness of the legislative and regulatory framework surrounding the role of a military prosecutor. 

Federal, Provincial and Territorial Heads of Prosecutions Committee

The Federal, Provincial and Territorial Heads of Prosecutions (HoP) Committee was established in 1995. The Committee is made up of the heads of each of Canada’s 12 prosecution agencies. This includes the heads of prosecution for the ten provincial prosecution services, as well as the Director of Public Prosecutions for the Public Prosecution Service of Canada and the DMP. The mandate of the HoP Committee is to serve as a national forum for the discussion of prosecutions and prosecution-related issues, and to facilitate the exchange of information and best practices on legal and managerial issues among the prosecution services of Canada. Since its inception, the Committee has helped promote assistance and cooperation among prosecution services and facilitated the coordination of national prosecution issues and the adoption of consistent prosecution positions on those issues whenever possible. The HoP Committee also serves as a national advisory body on prosecution issues in Canada, providing a venue where stakeholders can consult and seek the views of the Canadian prosecution community.Footnote 60

The Committee meets twice a year. Each prosecution service hosts a meeting on a rotating basis, with the head of the hosting agency acting as co-chair until the next meeting. The Committee may also meet on an ad hoc or urgent basis by teleconference or videoconference.

During this reporting period, the HoP Committee held two general meetings, both of which were personally attended by the DMP. The 57th general meeting was held in Quebec City, QC in July 2019 and the 58th general meeting was held in Winnipeg, MB in November 2019. The DMP was an active participant during the discussions, ensuring that the interests of the military justice system remain at the forefront of criminal law in Canada. The DMP also presented an update regarding the SCC decision in the matter of Stillman.

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International Association of Prosecutors

The International Association of Prosecutors (IAP) is the only world-wide association of prosecutors. It is non-governmental and non-political. It was established by the United Nations in 1995, in Vienna, and now has more than 183 organizational members from over 177 different countries, representing every continent. The IAP promotes the effective, fair, impartial, and efficient prosecution of criminal offences through high standards and principles, including procedures to prevent or address miscarriages of justice.

In addition, the IAP also promotes good relations between prosecution agencies and facilitates the exchange and dissemination of information, expertise and experience. Its annual conference is attended by prosecutors from a variety of nations, including other Canadian federal and provincial heads of prosecutions.

The DMP attended the IAP’s 24th Annual Conference held in Buenos Aires, Argentina from 15-19 September 2019. The main theme of the 24th Annual Conference was “International Cooperation across Different Legal Systems”, which explored how different legal systems facilitate international cooperation and overcome the legal and practical challenges of delivering across those different systems.Footnote 61  The DMP co-chaired the Network meetings for RMPs and provided various presentations during the conference related to recent decisions on military justice cases in Canada.

CMAC Education Seminar

The DMP and his ADMP both presented at this year’s CMAC Education Seminar, an annual legal education seminar conducted for judges assigned to the CMAC organized by the Canadian Judicial Council and held in February 2020. 

National Criminal Law Program

The National Criminal Law Program (NCLP)Footnote 62  is delivered by the Federation of Law Societies of Canada, and is the largest criminal law conference in Canada. The 46th Annual NCLP was held in Ottawa, Ontario in July 2019. The DMP participated as a member of the Faculty, delivering papers and presentations on a number of areas of criminal and military law topics.

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