Conclusion

The introduction of the summary hearing system has inaugurated a new stage in the ongoing evolution of Canada’s military justice system. The chain of command now has a non-penal disciplinary tool available to manage misconduct by members of the Canadian Armed Forces at the unit level. As Chapter 2 of this report highlights, under the new summary hearing procedure, service infractions are being used to hold to account members who engage in misconduct while still adhering to the principles of fairness and transparency for members. During this reporting period, 93 summary trials were held. After the retirement of that penal system, 245 summary hearings were held. This marked shift from the summary trial system to the new summary hearing system points to a promising trend that the new administrative regime is working to maintain the discipline, efficiency, and morale of the Canadian Armed Forces.

The retirement of the summary trial system provides an opportunity to reflect on the full spectrum of environments in which the former procedure supported the maintenance of good order and discipline in the Canadian Armed Forces. Whether onboard a ship, aircraft or in the field, summary trials were available to efficiently dispose of service offences for less serious misconduct. The advent of the Canadian Charter of Rights and Freedoms highlighted the strength and adaptability of the summary trial system, as it evolved to protect the rights and freedoms of members while still maintaining operational effectiveness. The importance of the summary trial system over the course of 72 years is shown by the frequency of its use. The summary trial was the overwhelmingly predominant form of disciplinary proceeding.

However, over those 72 years, Canadian social and legal norms have changed significantly, and the military justice system must keep pace. With the introduction of the new summary hearing process, the military justice system took a leap forward away from a penal model of justice at the unit level to one rooted in administrative law that will support future missions, training, and challenges.

The new summary hearing system is specifically designed to build on the strengths of the old system but also to enable the system to evolve out of a strictly penal model of justice. The new process will provide more flexibility for the chain of command to respond to less serious forms of misconduct yet still be fair to members in a non-penal context. For serious forms of misconduct requiring punishment, the court martial system and its independent actors remain available. Notably, the court martial system was also recently improved upon to avoid delays and support victims. As discussed in previous reports, the court martial system was reformed to enshrine victims’ rights with the Declaration of Victims’ Rights; extend charge laying to all members of the Military Police; and send referrals for service offences directly to the Director of Military Prosecutions.

As described in Chapter 4, during this reporting period, there were several impactful courts martial and appellate decisions. The Supreme Court of Canada’s decision in R v McGregor,^{Footnote 141} affirmed the legal framework found in R v Hape^{Footnote 142} concerning the extra-territorial application of the Charter. It also provided insightful guidance on the proper role of intervenors in both the military and civilian systems of justice. In R v Vu,^{Footnote 143} the Court Martial Appeal Court of Canada canvassed complex topics of consent in the context of sexual assault. During the 2023/24 reporting period, we expect the Supreme Court of Canada to hand down its decision in the R v. Edwards series of cases,^{Footnote 144} which includes in R v Thibault,^{Footnote 145} addressing the issue of the judicial independence of military judges.

The Office of the JAG will use these changes as inspiration to continue to move forward with new tools, projects, and standards. The Superintendence Enhancement and Assessment Project will seek to enhance monitoring, analysis, and the use of technology to support the administration of justice in the Canadian Armed Forces. The Justice Administration Information Management System, the Military Justice Performance Monitoring Framework, and the Military Justice System Time Standards initiative will complement the new summary hearing system to make a system of justice that will support the operational readiness and effectiveness of the Canadian Armed Forces in years to come.

Conclusion

The administration of military justice supports the standards of conduct and discipline that are expected of the Canadian Armed Forces. As society changes, the Canadian Armed Forces must keep pace to ensure that Canada has an armed force ready to deploy to support the objectives of our democratic government, both domestically and abroad. The changes to the military justice system and the corresponding projects, tools, and initiatives to support the administration of military justice outlined in this report are designed to do just that. The new summary hearing system and changes to the court martial system will support the maintenance of good order and discipline and firmly establish the democratic legal values and norms of Canadians within the very fabric of Canada’s military.