The Right to Protection:

Victims have the right to have their privacy considered by the appropriate authorities in the military justice system.

DND-CAF policies – protection of personal information

The Department of National Defence (DND) and the Canadian Armed Forces (CAF) are committed to protecting the privacy of individuals with respect to their personal information that is under DND and CAF control.

The personal information that the DND and the CAF create, collect and control must be maintained at a high standard. Within the DND and the CAF there will be a clear and consistent respect for both the letter and the spirit of the Privacy Act and Privacy Regulations.

Examples at Court Martial

The following are examples of ways in which victims’ privacy can be protected.

Identity protection

Victims have the right to request that their identity be protected if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence.

Testimonial aids

Victims also have the right to request testimonial aids when appearing as a witness in proceedings relating to the service offence.

For more information

Canadian Forces Military Police Group

The Military Police Group apply the Privacy Act and respects a victim’s privacy in accordance with the law.  A victim will be notified of the requirement to provide disclosure to another party when it is required by law for a civilian criminal proceeding or for a service tribunal.

For more information

Director of Military Prosecutions

The Prosecutor will take every reasonable opportunity to invoke the mechanisms and procedures provided by law to engage the interests of victims in the proceedings.

For example, there may be exceptional circumstances where the public can be excluded during the whole or any part of the Court Martial proceedings or other proceedings before military judges.

Also, for a charge relating to certain sexual misconduct offences before the court martial, the prosecutor could address with the victim the possibility of requesting a ban on the publication of information that could identify the victim or a witness.

For more information

For Victims of Sexual Misconduct

The services provided through the Sexual Misconduct Response Centre (SMRC) are confidential and the personal information received is protected in accordance with the Privacy Act. In other words, your talk with the counsellor is confidential. The SMRC gives the choice to either provide personal information or to remain anonymous. This decision will not affect the services offered on the SMRC 24/7 line.

For more information

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