Message from the CDS/AJAG: Victims’ Rights and Summary Hearing Implementation
June 20, 2022 - Defence Stories
Defence Team,
Today marks an important milestone for the modernization of the Military Justice System and a critical step forward that will support our efforts to effect lasting culture change in the Canadian Armed Forces (CAF). As of today, the remaining provisions of An Act to Amend the National Defence Act and to Make Related and Consequential Amendments to Other Acts (formerly known as Bill C-77) come into force, and bring significant change for the Military Justice System, which includes the establishment of the Declaration of Victims’ Rights and the introduction of a Summary Hearing process.
These amendments go a long way to ensure that the Military Justice System reflects Canadian legal and societal values and to bring the Military Justice System in full alignment with the civilian criminal justice system in relation to the rights that are afforded to the victims of service offences.
In particular, and as previously outlined by the Vice Chief of the Defence Staff this past May, Bill C-77 amends the National Defence Act (NDA) by:
- Instituting the Declaration of Victims’ Rights (DVR), which introduces new rights for victims of service offences, including the rights to information, protection, participation, and restitution;
- Enabling the victims of service offences to request a Victim’s Liaison Officer, which is a CAF member who will serve to assist victims of service offences by explaining how service offences are charged, dealt with and tried under the Code of Service Discipline, and by obtaining and transmitting information to which the victim has a right under the DVR relating to the investigation and proceedings of a service offence;
- Introducing the Summary Hearing process, a non-penal, non-criminal disciplinary process grounded in administrative law principles; and retiring the criminal law-based Summary Trial process; and
- Updating existing court martial processes to align with the changes introduced with the implementation of Bill C-77, including the Declaration of Victims’ Rights.
A Military Justice System that reflects Canadian values and functions as an effective tool for addressing misconduct and furthering discipline, efficiency, and morale is one that will enable operational effectiveness and help the CAF promote accountability and a culture of leadership, respect, and honour — cornerstones of Canada’s Defence Policy, Strong, Secure, Engaged.
The changes coming into force today evolve and strengthen the Military Justice System by establishing critical rights for the victims of service offences, by bringing the Military Justice System into closer alignment with the civilian Criminal Justice System, and by introducing new measures to enhance the fair and efficient administration of military justice at the unit level.
Key Components of the Amendments to Remember:
- The DVR establishes the rights available to victims of services offences and helps to ensure that victims are supported within the Military Justice System and that their rights are protected every step of the way;
- The Summary Hearing process will simplify military discipline at the unit level and will enable the Chain of Command to deal with minor misconduct fairly, efficiently, and effectively;
- The rights afforded to victims of service offences within the Military Justice System are now in complete alignment with the rights provided to victims within the civilian Criminal Justice System;
- These amendments are the most recent effort to update the Military Justice System and ensure it continues to evolve with Canadian law and at the same time continues to support the maintenance of discipline, efficiency, and morale of the CAF; and
- Credentialed Military Police assigned to investigative duties are authorized to lay charges for service offences and service infractions under the Code of Service Discipline.
Commanding officers and superior commanders, as well as select others with key roles in the Military Justice System, have now completed the training needed to operationalize the changes brought about by the full implementation of Bill C-77. Your Chain of Command, supported by its legal advisors, is equipped to help you understand and apply these changes.
The modernization of the Military Justice System is an important aspect of supporting the ongoing efforts to effect culture change within the CAF. These amendments are putting an essential emphasis on victims’ rights and support within the Military Justice System. We remind all leaders across the CAF of their obligation to familiarize themselves with the amendments that came into force today in order to keep moving forward and strengthen our institution.
Sincerely,
General Wayne Eyre
Chief of the Defence Staff
Colonel Robin Holman
Acting Judge Advocate General
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