ARCHIVED - Chapter 5: The Way Ahead - Annual Report 2012-13
It is expected that during upcoming reporting periods, the Judge Advocate General (JAG), supported by the Office of the JAG, will continue to be at the forefront of responsible, proactive, military justice reform and will continue to provide legal advice related to the further enhancements of the military justice system either through amendments to the National Defence Act or subordinate regulations.
Bill C-15
It is anticipated that Bill C-15 will continue to progress during the next reporting period. Legal officers from the Military Justice Division will continue to support the Minister of National Defence, the JAG and departmental officials in advancing this important legislative initiative.
Government Response to the LeSage Report
As indicated in Chapter 2, the government accepted the majority of recommendations made in the LeSage Report. As a result, departmental officials, including legal officers from the Office of the JAG’s Military Justice Division, will continue to develop legislative, regulatory and policy options for the implementation of the recommendations.
Conclusion
The 2012-13 reporting period was marked by the significant advancement of the legislative response to the First Independent Review Authority. Bill C-15, the Strengthening Military Justice in the Defence of Canada Act, signifies a further step in the JAG’s ongoing efforts to assist the government of Canada in the principled development of the military justice system ensuring it continues to be fair, efficient and responsive to the unique needs of the Canadian Armed Forces (CAF) within Canada’s free and democratic society.
The reporting period also included the tabling of the Second Independent Review Authority’s report, which will be an important resource as the JAG continues to lead proactive military justice oversight, responsible development and positive change. Echoing comments from earlier independent reviews, Chief Justice LeSage found that the military justice system is sound and he accepted – without reservation – the uniqueness and importance of the military justice system. The independent reviews conducted by eminent jurists reinforce that the Canadian military justice system is critical to ensuring discipline within the CAF while adhering to the Canadian Charter of Rights and Freedoms and meeting the expectations of Canadians.
Members of the Office of the JAG have displayed an unquestioned dedication to Canada, the CAF and the dual professions of arms and law. Whether deployed on international or domestic operations or fearlessly defending their client before a court martial, legal officers continue to deliver independent, operationally focused, solution oriented legal advice across the full spectrum of military law.
The military justice system will undoubtedly evolve in subsequent reporting periods. As the superintendent of the administration of military justice, the JAG, assisted by his team of world-class professionals, will continue to advance the principled development of the military justice system to ensure that the Canadian military justice system remains at the forefront of responsible development and positive change while serving as a model for military justice systems around the world.