Chapter Four: 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 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 civilian 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 CAF chain of command. Collaborative relationships with the chain of command ensure that both entities work together to strengthen discipline and operational efficiency through a robust military justice system. Despite the constraints related to the COVID-19 pandemic, RMPs made sure to keep regular communication with senior members of the chain of command on the various military bases in Canada during this reporting period, in accordance with the instructions of the DMP.

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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 cooperatively, and help to maximize the effectiveness and efficiency of the CMPS as a prosecution service.

Over the course of this reporting period, the Senior Counsel, a defence counsel from the DDCS, and the CFNIS Legal Advisor, presented at the CFNIS Indoctrination Course for new investigators, and they also participated in a panel discussion. Their presentations and discussions enhanced the knowledge of the military justice system for the new CFNIS investigators, particularly in relation to the prosecutions of sexual offences.

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 21} 

During this reporting period, the Acting DMP attended virtually the HoP Committee Spring general meeting, which was held from 1-4 May 2021. The DMP attended in person the HoP Committee Fall general meeting, which was held in Charlottetown, PEI, on 17-18 November 2021.

The DMP and his DDMP Ops also attended virtually an ad hoc general meeting on 17 September 2021, for the purpose of establishing a working group to address the exercise of concurrent jurisdiction over offences committed by members of the CAF, in response to recommendations 19 and 20 made by Mr. Morris J. Fish in his Report of the Third Independent Review Authority to the MND.

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CMAC Education Seminar

Due to the Omicron wave of the COVID-19 pandemic and a need to reduce the number of attendees accordingly, the DMP did not have the opportunity to present at the CMAC Education Seminar. The CMAC Education Seminar is an annual legal education seminar conducted for judges assigned to the CMAC, organized by the Canadian Judicial Council. 

National Criminal Law Program

The National Criminal Law Program (NCLP)^{Footnote 22}  is delivered by the Federation of Law Societies of Canada, and is the largest criminal law conference in Canada. The 47^th Annual NCLP was supposed to be held in Victoria, British Columbia, in July 2020, but was canceled due to the COVID-19 pandemic. The 47th Annual NCLP will now be held in Victoria in July 2022 and the DMP, the members of the CMPS HQs, and Senior RMPs from the Regional Prosecution offices will attend in person.

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