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An Update Has Arrived in Your Library For 42869787 An Update has Please circulate this notice to anyone Arrived in Your in your office who may be interested in this publication. Library for: Distribution List & & & & & MILITARY LAW AND OPERATIONS Chris Madsen Release No. 26, May 2021 What's New in This Update: . In response to the Auditor General of Canada's report on the military justice system, time standards for the respective stages leading up to charges before court martial and summary trial have been published in a table and made available to every member of the Canadian Armed Forces: see Military Justice System Time Standards table in Appendix 4. New Democratic Party defence critic Randall Garrison reintroduced a private members bill that seeks to remove self-harm as a service offence from the Code of Service Discipline by amendment of the National Defence Act: see 4:50.10(b). THOMSON REUTERS Customer Support CANADA 1-416-609-3800 (Toronto & International) 1-800-387-5164 (Toll Free Canada U.S.) Fax 1-416-298-5082 (Toronto) Fax 1-877-750-9041 (Toll Free Canada Only) Email [email protected] This publisher's note may be scanned electronically and photocopied for the purpose of circulating copies within your organization. The Minister of National Defence appointed former Supreme Court of Canada justice Morris Fish to undertake an independent review of the military justice system, its component parts, and disciplinary provisions of the National Defence Act. This effort follows previous independent reports by justices Antonio Lamer and Patrick LeSage. A report is expected to be tabled in Parliament by June 2021: see 2:20.30(a). The Department of National Defence has released, through Access to Information and Privacy request, a redacted transcript of the court martial for Captain Angus McRae, referenced previously in Bees v. Canada (Attorney General): see 3.20.50. On 28 October 2020, the Department of National Defence released a strategy to address sexual misconduct in the Canadian Armed Forces. It acknowledges that sexual misconduct is a systemic problem within the institution that requires cultural change over a longer period of time: see 4:60.10. Admiral Art McDonald became Chief of the Defence Staff on January 14, 2021, replacing General Jonathan Vance: see 3:20.20. In Summer 2020, the acting Chief Military Judge resumed in-person attendance at court martials, where proper health and safety measures are taken, and lifted previous temporary restrictions on the holding of standing courts martial and general courts martial. The COVID-19 health crisis continues to affect the normal operation of military justice and the work of military judges, despite increased use of available technology alternatives. A new section is added: 5:20.20(d) Domestic Extremism and Terrorism. Courts martial lists for 2019 and 2020 have been updated and courts martial for 2020 added. Of the new case law discussed in this release, the following are of note: 1. In R. v. MacPherson and Chauhan and J.L. and R. v. Cogswell, Commander Sukstorf, M.J. addressed the independence of military judges: see 2:20.30(a) 2. Thibault v. Director of Military Prosecutions dealt with an applica- tion for a military judge to recluse herself on the basis of reasonable apprehension of bias: see 2:20.30(a). 3. In R. v. Bourque, an officer holding a responsible position on a strategic response team on sexual misconduct made disparaging remarks about women in the armed forces in private to subordinates on separate occasions. He was reassigned and pleaded guilty to a charge of conduct to the prejudice of good order and discipline. A female military judge presided over the proceedings: see 4:60.10. Case sentencing digests for courts martial have been added. .
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