OTTAWA - The Honourable Peter Gordon MacKay, Minister of National Defence and Minister of the Atlantic Canada Opportunities Agency today introduced legislation in the House of Commons to amend the National Defence Act (NDA) following the recent decision of the Court Martial Appeal Court of Canada (CMAC) in R. v. Trépanier.
"This Bill will more closely align procedures for the selection of mode of trial by court martial and court martial decision-making with the approach in the civilian criminal justice system, while preserving the attributes essential to satisfy the unique needs of the military justice system," said Minister MacKay. "It will ensure that the court martial process continues to function in a manner in which Canadians can have trust and confidence."
On April 24, 2008, the CMAC struck down the provisions of the NDA authorizing the Director of Military Prosecutions to select the type of court martial that will try an accused and requiring the Court Martial Administrator to convene the selected type of court martial. The Court ruled that they violated the accused person's constitutional right to full answer and defence. The decision has removed the authority to convene courts martial, an essential step in bringing a matter to trial.
The legislation introduced today will result in the selection of the mode of trial being governed by operation of law. The number of types of court martial will be reduced from four to two, and the accused will have the ability to choose the type of trial in circumstances similar to those set out in the Criminal Code.
"The changes will bring the needed clarity, certainty and stability to the military justice system," said Brigadier-General Kenneth Watkin, Q.C., Judge Advocate General.
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