ARCHIVED - Communiqué

It is with great pleasure that I present the report on the administration of military justice in the Canadian Armed Forces (CAF) for the period from 1 April 2012 to 31 March 2013.

The Supreme Court of Canada has recognized that to maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently.¹ This aim of the military justice system must always be carried out in a manner consistent with Canadian law, including the Canadian Charter of Rights and Freedoms.² During the reporting period, the Office of the Judge Advocate General (JAG) has carried on with its commitment to the responsible development and proactive oversight of the military justice system in Canada and wherever CAF members are deployed abroad.

As superintendent of the administration of military justice in the CAF, I am committed to the ongoing review of the fairness and effectiveness of the military justice system. Accordingly, during the reporting period, my office has devoted significant effort toward the principled advancement of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act, which represents the most comprehensive change to Canada’s military justice system since 1998.

I also note the report of the Second Independent Review Authority (SIRA), the Honourable Patrick LeSage, retired Chief Justice of the Superior Court of Ontario, which was tabled in Parliament during this reporting period. I am pleased to report that Chief Justice LeSage shared the overall views of two previous reports on the military justice system led by retired Chief Justices of Canada, the Right Honourable Brian Dickson and the Right Honourable Antonio Lamer. Chief Justice LeSage found that the military justice system is sound while making recommendations to ensure that it will continue to be a strong, viable and fair justice system contributing to the operational effectiveness of the CAF. Resources from the Office of the JAG have been allocated to review the SIRA report and follow-up on its recommendations. Bill C-15 and the content of the report are discussed in more detail in Chapter 2 of this report.

As with the civilian criminal justice system, the military justice system continues to evolve as a result of legislative initiatives and jurisprudence. Along with Bill C-15, other legislative initiatives introduced or implemented during the reporting period serve to align the military justice system with aspects of the civilian justice system while taking into account the unique requirements of the former. Noteworthy jurisprudence and legislative initiatives during the reporting period are outlined in further detail in Chapter 4.

While the focus of this report is necessarily on the military justice “pillar” of the Office of the JAG’s practice, I must also pay tribute to the legal officers and military and civilian support staff working in the other pillars of military administrative law and operational law in Ottawa, across Canada and around the world. Indeed, consistent with previous reporting periods, a number of legal officers were deployed on domestic and international operations. Like their peers, they provided essential legal support to the chain of command in furtherance of Canadian values and the rule of law.

I remain confident in the ability of Canada’s military justice system to meet the needs of the Government of Canada, the Department of National Defence, the CAF and its members. I am proud of the commitment of all members of the Office of the JAG who assist me in my role as superintendent of the administration of military justice and of the dedication of all legal officers to the provision of independent, operationally focused, solution oriented legal advice and services, across the full spectrum of military law.

Fiat Justitia!