ARCHIVED - Chapter 7: The Way Ahead: Strategic Initiatives

7.1 Introduction

As the superintendent for the administration of military justice in the CF, the JAG is responsible for the ongoing review of the effectiveness of the military justice system and for developing initiatives aimed at enhancing it. To that end, the JAG continues to advance changes in two primary areas. First, as highlighted in Chapter 6 of this report, the issue of delay in the military justice system is of prime importance. Second, the Office of the JAG continues to address strategies with regard to data collection, reporting capabilities and information management strategies. Development in these areas is important to ensure the Office of the JAG maintains its ability to monitor, maintain and improve the operation of the military justice system.

7.2 The Military Justice System

Data Collection Methods

As noted in the 2007-2008 report, the Court Martial Reporting System (CMRS) and the Summary Trial Database have become essential tools for monitoring the military justice system. However, improving these systems to provide for additional flexibility will improve the means and methods to collect salient information related to the military justice system. For example, data collection methods must integrate with or support research platforms that would allow for review of complex demands for specific information. Consequently, both CMRS and the Summary Trial Database continue to undergo a conversion to web-based programs to enable all JAG users the ability to access this data. These new web-based platforms will have enhanced search functions and will allow for sophisticated statistical analysis. This project remained ongoing during the reporting period and work will continue during the next reporting period.

Information Management Initiatives

The Comprehensive Information Management Program (CIMP) will continue to progress in the 2009-2010 reporting period. The CIMP project will transform the business practices of the Office of the JAG by establishing an electronic-based record and documents management system, an improved case management functionality and a legal knowledge management capability. Given the JAG's superintendence function over the military justice system, the CIMP project will create a centralized system within which both statistics and substantive legal knowledge can be maintained. For the first time, legal knowledge will be available not only within a specific directorate or division, but also across all divisions within the Office of the JAG (subject to certain exceptions such as prosecution and defence counsel services). The CIMP will also comply with Department of National Defence and Government of Canada policies with respect to information and records management.

Military Justice Delay

Various initiatives were undertaken in response to the issue of delay in the military justice system during the reporting period. The Administration of Military Justice Committee is expected to continue its work in identifying sources of delay and proposing solutions to address the issue. Work progressed in the areas of electronic disclosure between military police and the legal advisors. In addition, the JAG Charge Screening Policy Directive was updated to introduce a more effective and efficient method of charge screening with a view to reduce the time it takes for legal officers to review investigations and provide advice to the chain of command regarding the appropriateness of charges. The effectiveness of this directive will be reviewed and reported on in future Annual Reports.

As discussed in chapter 6, the Canadian Military Prosecution Service underwent an external review of its service with a view of identifying efficiencies. As noted in Annex C to this Annual Report, the Director of Military Prosecutions, in response to this review, has made significant amendments to various prosecution policies. These amendments include the setting out of strict timelines to complete pre and post charge screenings of investigations along with streamlining resolution discussions in order to more efficiently conclude matters. It is hoped that these changes will demonstrate a decrease in court martial delay. The Office of the JAG will further examine the effectiveness of these initiatives during the next reporting period. Similarly, an external review of Defence Counsel Services was also conducted. The report will be received in the next reporting period. Efforts will continue to address causes of delay and implement solutions in consultation with the chain of command and other CF partners such as the Canadian Forces Provost Marshal.