DOCSLIB.ORG

2000-2001 Annual Report English

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
2000-2001 Annual Report English E cover 7/12/01 7:33 AM Page 1 ANNUAL REPORT 2000 – 2001 Law Commission of Canada E cover 7/12/01 7:33 AM Page 2 Engaging CCanadiansanadians Law Commission of Canada E cover 7/12/01 7:34 AM Page 3 © Minister of Public Works and Government Services Canada 2001 ISBN Number: 0-662-65708-X Catalogue Number: JL1-1/2001 Law Commission of Canada www.lcc.gc.ca English Layout 7/11/01 3:18 PM Page i Nathalie Des Rosiers (September 2000 – March 2001) President Montréal, Quebec Roderick A. Macdonald (April – June 2000) Past president Montréal, Quebec Gwen M. Boniface Commissioner Orillia, Ontario Alan G. Buchanan Commissioner Belfast, Prince Edward Island Stephen Owen, Q.C. The mission of the Law Commission of Canada is to (April – October 2000) Commissioner engage Canadians in the renewal of the law to ensure Victoria, British Columbia that it is relevant, responsive, effective, equally accessible to all, and just. Engaging Canadians i English Layout 7/11/01 3:18 PM Page ii English Layout 7/11/01 3:19 PM Page 1 President’s Message his year marks the Law We will continue our efforts in that spirit in Commission of Canada’s fourth the years to come. T year of existence. It was a year Engaging Canadians in the renewal and reform of to reaffirm and strengthen the the law requires more than sporadic consultations. Commission’s original choices with It requires a genuine willingness to stimulate debate about the law among Canadians and to lis- respect to its orientation and method- ten carefully to their views. Canadians experience ology and to further the approach the impact of the law on their personal relation- adopted at its inception: ships, their communities and their society. They ❚ an approach that emphasizes understanding have something to say about the role of law, its the reality of how the law is lived by Canadians positive features and its less positive impacts. and the impact of law on their lives; Engaging them in the renewal of the law means that we must create opportunities to listen to their ❚ an approach that seeks to question some of the stories and opinions and reflect on such insights. fundamental assumptions about law; and Above all, engaging Canadians in the renewal of ❚ an approach that engages citizens in the process the law means working in a spirit of openness, of understanding and renewing the law. responsiveness and honest reflection on the role The commitment to engaging citizens in our of the law. That philosophy will continue to work has been central to our activities during animate the Commission’s work. 2000–2001. All citizens deserve to be heard on questions of law reform; the challenge for the Commission is to ensure that its work and its approach are accessible — physically, intellectu- Nathalie Des Rosiers ally and culturally. This annual report details President ways in which we have fulfilled this commitment. Engaging Canadians 1 English Layout 7/11/01 3:19 PM Page 2 Engaging Canadians in the Renewal of the Law he high level of scepticism in Canada with Our interactions make up the fabric of society respect to traditional institutions such as and laws are formulated to facilitate these relationships, at the personal, social, economic T the law poses special challenges to law and governance levels. reform.While Canadians respect the law, they appear Citizens are also key because they change the law to have a sense that it is disconnected from their daily every day when they adapt these rules to their lives and from the problems they see in society. day-to-day lives. This “living law” serves — or should serve — as the basis for the reform and Canadians’ sense of disaffection with the law has renewal of our formal laws. become apparent to the Law Commission of Canada in its ongoing consultations with Law reform is thus a circular process. Formal laws Canadians. The Commission finds that many based on the relationships that we engage in are Canadians feel a sense of disengagement from the modified in our daily use. This living law in turn law, as if real life is outside the narrow scope of leads to changes in the formal law, to reform and the law. Indeed, the law is more often seen as an renewal, and the cycle continues. impediment to an improved quality of life, rather than contributing to it. Role of the Law Commission of Canada CITIZENS AT THE CENTRE The Commission may be an intermediary in this That perception is in striking contrast with the process. It serves as a mechanism to engage view that citizens are, in fact, at the very centre of Canadians in their rightful place in the reform the law. Law is based on human relationships. and renewal of the law and to enrich public 2 Law Commission of Canada – Annual Report 2000-2001 English Layout 7/11/01 3:19 PM Page 3 debate by presenting a range of possibilities for For example, the Commission hosted an interac- Justicia Awards change. Its purpose is to help Canadians better tive Web discussion or webcast on close personal for Excellence understand the role that law plays in their lives adult relationships. Well-known journalist in Journalism and to encourage them to get involved in chang- Francine Pelletier moderated a panel of experts ing the law to meet their needs and values. on tax and family law and pensions. The webcast Encouraging the journalistic technology allowed the community to increase Accomplishments Internet audience to e-mail “Those who reform The Commission continues their comments for incorpo- awareness among the to expand its efforts to be the law in Canada are, ration into the webcast in Canadian public of a visible and active inter- real time. More than 500 above all, the public. mediary for Canadians. Canadians logged onto the fundamental legal issues They renew the law webcast, in addition to the In addition to publishing by recognizing outstanding hundreds of Canadians who research papers and organiz- by living it.” ing discussion groups, commented on the discus- journalism about the conferences and meetings, it LAW COMMISSION OF CANADA sion paper on the issue. Canadian justice system has also taken advantage of FIRST ANNUAL REPORT In recognition of the impor- new ways to reach out to and the roles played by tance of the media as a Canadians. channel for improved understanding of the law, institutions and participants The Commission’s Web site was redesigned this the Commission established the Justicia Awards in the legal system. year to feature more resources and links and to for Excellence in Journalism in partnership with allow for more interaction via comments the Canadian Bar Association and the federal boards, a webcast and discussion groups. Department of Justice. These awards encourage Canadians can e-mail comments on discussion the media to increase awareness among the papers and other publications, view a clip from Canadian public of fundamental legal issues by the Commission’s video on restorative justice recognizing outstanding journalism about the and order the video as well. Canadian justice system and the roles played by institutions and participants in the legal system. Engaging Canadians 3 English Layout 7/11/01 3:19 PM Page 4 The inaugural winners, presented at the August 2000 Annual Conference of the Canadian Bar Association, were the Halifax Herald for “Who’s Killing Who,” a 10-part series exploring how homicides are investigated and prosecuted, and Le Point of Société Radio Canada (the French- language CBC network) for “Les murs de la maison plutôt que les barreaux de la prison,” a study of conditional sentences in Québec that do not involve incarceration. Publishing research and discussion papers — and taking an active role in disseminating ideas to interested groups and individuals — remains one of the Commission’s most important outreach activities. Its recent study, The Governance of Speaking Truth to Power: A Treaty Forum Health Research Involving Human Subjects, examined the moral and legal complexities of This publication is a compilation of the papers and deliberations of health research involving human subjects. This a forum co-sponsored by the Law Commission of Canada and the important study revealed substantial gaps between the ideals expressed in policies — B.C. Treaty Commission. The purpose of the forum was to explore intended to protect participants and provide new paths towards the successful conclusion of treaties between First social benefits — and the actual arrangements for accountability, effectiveness and other criteria of Nations and other levels of government. The papers were good governance. published to help raise public understanding of the significance and complexities of the treaty process, as well as the differing perspectives and expectations various parties bring to the process. 4 Law Commission of Canada – Annual Report 2000-2001 English Layout 7/11/01 3:19 PM Page 5 “I often ask myself why the Reaching Out to Canadians person to whom custody of the children is granted after a divorce is penalized when he in Their Personal Lives or she forms a new couple. After I began living with a CLOSE PERSONAL ADULT Today, adult relationships and family patterns are new partner, my family RELATIONSHIPS more diverse than they were when many of our allowance, child tax credits, laws were developed. As a result, laws do not he Commission has been etc., were cut off, even always reflect contemporary needs and values or reclaimed. Even my tax rate studying how Canadian law reflect the wide range of relationships we find addresses close personal rela- meaningful today. changed, although my income T remained the same.
Load more

Recommended publications
  • Jim Flaherty Fast Rob Fonberg
    THE HILL TIMES • 2013 • $8.95 STEPHEN HARPER Christian Paradis BEVERLEY MCLACHLIN JJimOHN Flaherty BAIRD Jason Kenney Rob ALLISOFonberNg JAMES MOORE REDFORD WJenniayne WoutersByrne MICHAEL HORGAN PETER Andrew MACKAY MacDougall 101 LEONA Tony AGLUKKAQ Clement JUSTIN MOST Morris TRUDEAU INFLUENTIAL Rosenberg CHRIS STEPHEN WOODCOCK PEOPLE IN CARTER MICHAEL FERGUSON GOVERNMENT RAY Rona & POLITICS NOVASergeK Amb Dupont rose John TOM Knubley MULCAIR Raoul BRAD Gébert WALL TOM LAW SON Ted MICHELLEArthur Hamilton D’AURAY Men Nathaziesn Ed ISSN 1929-2473 Simon Kennedy Fast Yaprak Baltacioglu Cullen 12 Top 100 list 8 The Top 25 30 The politicians 46 The political staffers Contents 49 The public servants 56 The lobbyists & consultants 59 The media 62 Other public fi gures 63 Energy & environment 66 MPs and art 70 Château Laurier Hotel 73 MPs’ tattoos 76 Best parties 79 Best watering holes 8 Stephen Harper He’s the central fi gure of the most centralized federal government in the country’s history. 10 Jim Flaherty So far, he’s Canada’s untouchable Finance minister. 10 Jason Kenney He’s the Prime Minister Stephen Harper and Immigration and Citizenship Laureen Harper, pictured on June 7, 2012, minister with the killer in Paris after a bilateral meeting with political instincts. 8 French President François Hollande. 11 John Baird He’s Prime Minister Stephen Harper’s Photograph courtesy of the PMO go-to guy on just about everything. 11 Tony Clement This Treasury Board president is 74 one fi erce partisan player. 13 Ed Fast International Trade minister has a big job, but stays below the radar.
    [Show full text]
  • Evidence-Based Innovation
    Grand Challenges Canada at the Sandra Rotman Centre MaRS Centre, South Tower, 101 College Street, Suite 406, Toronto, Ontario, Canada M5G 1L7 T 416.673.6568 F 416.978.6826 E [email protected] Evidence-based Innovation ANNUAL REPORT April 2015 to March 2016 Evidence-based Innovation ANNUAL REPORT 2015–2016 Table of Contents A MESSAGE FROM THE CHAIR OF THE BOARD........................................................3 A MESSAGE FROM THE CHIEF EXECUTIVE OFFICER................................................4 HIGHLIGHTS 2015–2016.................................................................................................5 Lives Saved and Improved......................................................................................5 Policies Influenced.................................................................................................5 Knowledge Generated..........................................................................................6 Next Generation of Innovators Supported...........................................................7 Activities and Inputs................................................................................................7 Distribution of Innovations.................................................................................8 OUR PROGRAMS................................................................................................................9 Strategic Priorities and Portfolio.......................................................................9 Transition To Scale.............................................................................................10
    [Show full text]
  • Archived Content
    Untitled Document This content was archived on June 24, 2013. Archived Content Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page. file:///C|/Documents%20and%20Settings/ASLOBODY/Desktop/Working%20folder/archive-eng.html2013-06-20 12:59:43 PM Hon. George Abbott Ms. Madeleine Adams Hon. Leona Aglukkaq Minister of Health, Health and Social Services, Minister of Health and Government of British Government of Nunavut Social Services, Columbia Government of Nunavut Ms. Sherri Aikenhead Mr. Bob Allen Mr. Richard Alvarez Nova Scotia Department of Saskatchewan Cancer Canada Health Infoway Health Agency Ms. Wendy Baker Ms. Meena Ballantyne Ms. Jenny Bartsch Stanton Regional Hospital Health Canada Saskatoon Health Region Mr. Gilles Beaulieu Ms. Fiona Bees Ms. Kathy Bell New Brunswick Cancer British Columbia Cancer New Brunswick Network Agency Department of Health Dr. Lorne Bellan Dre Brigitte Bernard Dre Sylvie Bernier Wait Times Alliance Ministère de la Santé et des Ministère de la Santé et des Services sociaux du Québec Services sociaux du Québec Mr. Ray Block Dr. Eric Bohm Mr. Phil Bourdeau Alberta Mental Health Winnipeg Regional Health Health and Social Services, Board Authority Government of Nunavut Ms. Rosemary Boyd Mr. Glenn Brimacombe Mr. Tom Brophy Department of Health and Association of Canadian Department of Health and Community Services, Academic Healthcare Community Services, Newfoundland and Labrador Organizations Newfoundland and Labrador Mrs.
    [Show full text]
  • Bijuralism: a Supreme Court of Canada Justice's Perspective
    Louisiana Law Review Volume 62 Number 2 Winter 2002 Article 3 2-1-2002 Bijuralism: A Supreme Court of Canada Justice's Perspective Claire L'Heureux-Dubé Follow this and additional works at: https://digitalcommons.law.lsu.edu/lalrev Part of the Law Commons Repository Citation Claire L'Heureux-Dubé, Bijuralism: A Supreme Court of Canada Justice's Perspective, 62 La. L. Rev. (2002) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol62/iss2/3 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Bijuralism: A Supreme Court of Canada Justice's Perspective The Honourable ClaireL 'Heureux-Dubg* I consider it an honour to have been invited to deliver the Rubin Lecture at the Louisiana State University Law Center. I had the privilege and good fortune to know Judge Alvin Rubin. I am delighted to have an opportunity to pay tribute to this great jurist whose "intellect, scholarship and judicial leadership," in the words of one of his colleagues, "place him in a select group" including Holmes, Brandeis, Cardozo, Learned Hand, and Henry Friendly, all judicial icons.' Alvin Rubin was a giant among jurists and, most importantly, one with a pronounced social conscience. The family tradition of excellence is shared by his wife Janice, his sons Michael and David, and his grandchildren. Life sometimes gives you presents. For me, my initial encounter with Janice and Alvin was a precious gift.
    [Show full text]
  • The Harper Years Lecture 12: POL 312Y Canadian Foreign Policy Copyright: Professor John Kirton, University of Toronto All Rights Reserved November 26, 2013
    The Harper Years Lecture 12: POL 312Y Canadian Foreign Policy Copyright: Professor John Kirton, University of Toronto All rights reserved November 26, 2013 Introduction On January 23, 2006, Canadians elected Stephen Harper’s Conservatives with a minority government of 124 seats, compared to 103 for Paul Martin’s Liberals, 51 for the separatist Bloc Québécois, and 29 for the New Democratic Party (NDP). The 46-year-old Torontonian-turned-Albertan was formally sworn in as Canada’s 22nd prime minister on February 6, selected his Cabinet and started to govern. Immediately a public and scholarly debate arose about what Canadian foreign policy would be (Kirton 2007, 2006). After Harper won a second, stronger minority government of 143 seats on October 14, 2008 and then a majority government in the general election of May 8, 2011, this debate continued, now among six schools of thought. The Debate The first school pointed, in authentic peripheral dependant (PD) fashion, to “restrained Americanism.” It predicted that Harper would seek a cooperative relationship with the U.S., limited only by Harper’s fragile majority position and absence of ideological partners in Parliament. Janice Stein forecast a “greater affinity with U.S. positions internationally,” including a pro-American tilt on relations with the Middle East and the United Nations (McCarthy 2006). Joseph Jockel, Christopher Sands, David Biette, and Dwight Mason thought the tone and ease of the Canada-U.S. relationship would improve, as Harper made good on his defence promises. But they felt that the Shamrock Summit– like closeness of Brian Mulroney and Ronald Reagan would be avoided, given Harper’s minority position at home (Koring 2006).
    [Show full text]
  • Annex a Examples of Distinguished Speakers Who Have Addressed Program Cohorts at Odell House A
    ANNEX A EXAMPLES OF DISTINGUISHED SPEAKERS WHO HAVE ADDRESSED PROGRAM COHORTS AT ODELL HOUSE A. DISTINGUISHED LEADERS Since September 2009, these have • Susan Cartwright – Commissioner, Public • Liseanne Forand – formerly President, included: Service Commission; formerly Special Shared Services Canada Advisor to the Privy Council Office, Public • Paul Glover – Associate Deputy Minister, • Yaprak Baltacioğlu – Secretary, Treasury Service Modernization Act Board of Canada Secretariat Health Canada • Janice Charette – Clerk of the Privy Council • François Guimont – Deputy Minister, • David Beatty – Conway Professor of and Secretary to the Cabinet Strategy, Rotman School of Business, Public Safety Canada University of Toronto; formerly Founding • Ian Clark – Professor, School of Public Policy • Chantal Hébert – Newspaper columnist Managing Director, Canadian Coalition and Governance, University of Toronto and political commentator for Good Governance • Keith Coulter – formerly Commissioner of • John Halliwell – Professor Emeritus, • Stewart Beck – President, Asia-Pacific Corrections, and Chief, Communications University of British Columbia Foundation of Canada Security Establishment • Michael Horgan – Financial Sector and • Marie Bernard-Meunier – formerly • Michelle D’Auray – formerly Deputy Economic Advisor at Bennett Jones; Canadian Ambassador to the Netherlands Minister of Public Works and Government formerly Deputy Minister, Finance Canada and then to Germany Services • David Jacobsen – formerly Ambassador • Alan Bernstein – President
    [Show full text]
  • The Canada We Want in 2020
    The Canada We Want In 2020 # Can2020 Conference Ottawa Convention Centre October 2 – 3, 2014 Thank You to our conference sponsors without whom none of this would be possible Media partner Audio visual services for the conference provided by Welcome to the #Can2020 Conference When you registered, we asked you what kind of Canada you wanted by the year 2020. It is a compelling question, and one that we hope inspires you to think beyond the normal boundaries of our policy and political cycle. And with an election on the horizon, and the marketplace for new ideas open, now is exactly the time to do that. That is why is we are so happy that you are here. The ideas, issues and challenges we are about to tackle together will only come to life through your questions, your insight, and your openness to think in new ways. Over these next two days, we will hear from some of the most well-known and influential policy, business and thought-leaders from Canada and around the world. As well, on our second stage, we will be learning the tools and tactics of new organizing from some of the most experienced campaigners and advocacy professionals operating today. This marriage of policy and politics is essential for building a modern progressive movement in Canada. Treat this book like your guide for the conference. It holds the full agenda, the participant lists and their bios, a stage map, and more. And during the conference, we encourage you to amplify what you see and hear through social media using our hashtag #Can2020.
    [Show full text]
  • Academies, Advisory Councils, and Governments – Roles and Responsibilities in Building Successful Societies Through Science, Technology and Innovation
    Academies, Advisory Councils, and Governments – Roles and Responsibilities in Building Successful Societies Through Science, Technology and Innovation Presentation to the Conference on “Scientific Issues on Biofuels” São Paulo, Brazil May 25, 2010 Howard Alper O.C., Chair, Government of Canada’s Science, Technology and Innovation Council (STIC) Academies Roles and responsibilities are to: . Elect members (fellows) in recognition of accomplishments of outstanding scholars . Present awards and prizes to leaders in different fields of endeavour . Outreach to society through different programs including forums on controversial topics (e.g. stem cells, aboriginal governance, euthanasia) and inquiry-based science education 2 Academies (cont’d) Roles and responsibilities are to: (cont’d) . Carry out assessments, using evidence-based science, by expert panels . independent and objective work that: . can help shape policy advice . educate and inform the public about major issues of timely importance (e.g. genetically modified organisms, groundwater, asbestos) . Such assessments often play a major role in resolving contentious issues. 3 Assessments – A Case Study Genetically Modified Organisms (GMOs) 1. Royal Society of Canada – Expert Panel on the Future of Food Biotechnology (2001) . Study which addressed GMOs and related matters . Report received wide publicity and dissemination . Within 18 months, government accepted and began implementation of many of the recommendations . Since the report, little debate in Canada on GMOs (Académie des sciences/RSC
    [Show full text]
  • Core 1..32 Committee (PRISM::Advent3b2 15.50)
    Standing Committee on Foreign Affairs and International Development FAAE Ï NUMBER 076 Ï 1st SESSION Ï 41st PARLIAMENT EVIDENCE Tuesday, April 30, 2013 Chair Mr. Dean Allison 1 Standing Committee on Foreign Affairs and International Development Tuesday, April 30, 2013 Ï (1200) dynamism is going to bring greater social supports to countries in the [English] Americas, and greater equality, which is a real issue for many of our neighbours. The Chair (Mr. Dean Allison): Good morning. Pursuant to Standing Order 81(4) on the main estimates for 2013- Most recently, Canada gained observer status in the Pacific 14, we have both ministers here today. We have the Honourable John Alliance. For those who don't know, this is a very new trade Baird, Minister of Foreign Affairs. Welcome, sir. We also have the agreement begun by Mexico, Peru, Chile, and Colombia, and Honourable Diane Ablonczy, the Minister of State of Foreign Affairs Canada is an observer to that alliance now. We also contributed (Americas and Consular Affairs). Thank you both for being here. greatly through our Canadian companies to a $600 million, world- We have William Crosbie, and Morris Rosenberg, who is deputy class international airport in Quito, Ecuador. I had the pleasure of minister. Welcome. We also have Mr. Patel who is here as well from being there to see that launched. This past February, I also was Foreign Affairs. privileged to announce a coming into force of the latest free trade agreement in the Americas, the one with Panama. Panama is a Thank you all for being here.
    [Show full text]
  • Foreign Affairs Gets New Deputy Page 31 Employee
    Canada & the Arctic: Inuit, territories and non-coastal states weigh in—Pages 15-27 EMBASSYCANADA’S FOREIGN POLICY NEWSWEEKLY OTTAWA, WEDNESDAY, APRIL 14, 2010 ISSUE 300 • $3.00 CYBER SECURITY STRATEGY DEMANDED page 4 EU COPYRIGHT DEMANDS CAST A CHILL page 4 POLISH EMBASSY MOURNS PHOTO: SAM GARCIA NATIONAL EMBASSY Not-So-Sombre Moment: Chief of Defence Staff Gen. Walter Natynczyk, Governor General Michaëlle Jean and Prime Minister Stephen Harper laugh last week during a ceremony commemorating the 93rd anniversary of Vimy Ridge. Participants also remembered Canada’s First World War veterans, the last of whom died this year. Page 9. LOSS page 2 Experts see Is Security Council bid prompting link between pseudo-interest in Africa? ■ Michaëlle Jean trip highlights increased According to a rough itinerary of Ms. Jean’s trip, Gualtieri, the governor general will talk about the role of the outreach, but absence of solid initiatives. media in Senegal and Rwanda, tour several CIDA proj- ects in Rwanda and the DRC, deliver a speech to the Lee Berthiaume DRC National Assembly, and look at the economic Colvin cases and social progress achieved in Cape Verde. Ms. Jean, who was asked by Prime Minister ■ Gualtieri’s case ‘would have been an overnor General Michaëlle Jean will lead a small GCanadian delegation on a four-country tour of Stephen Harper to undertake the trip, will be embarrassment,’ whistleblower says. Africa starting today that will include stops in Rwanda, accompanied almost exclusively by several media Senegal, the Democratic Republic of Congo and Cape experts, artists and human rights activists. Above STRONGER Carl Meyer Verde.
    [Show full text]
  • Measures Taken by Justice Canada to Address Practices in Warrant Matters Before the Federal Court of Canada
    Fact sheet: Measures taken by Justice Canada to Address Practices in Warrant Matters before the Federal Court of Canada In July 2020, the Federal Court issued a decision in which it found that institutional failings by both the Canadian Security Intelligence Service (CSIS) and the Department of Justice Canada led to a breach of CSIS’s duty of candour to the Court in failing to proactively identify and disclose all relevant facts in support of warrant applications. As a result, the Court has recommended a comprehensive external review of the policies and practices of Justice Canada and CSIS in this area. Both lawyers and witnesses owe important duties to the administration of justice. When seeking an ex parte authorization such as a search warrant, an informant has an obligation to present all material facts, favourable or not, in support of the warrant application. Prior to the Court’s decision, Justice Canada had been working on a number of measures to address issues of duty of candour, best practices on warrant measures, and the sharing of legal information in the national security context, as well as updating its legal risk framework. Highlights of the measures already taken are summarized in the chart below. Measure Description Murray Segal and In 2016, the Government of Canada retained Murray Segal, John Sims Reports a former Deputy Attorney General of Ontario, to provide advice on best practices in warrant matters. In 2017, John Sims, a former Deputy Minister of Justice and Deputy Attorney General of Canada, provided advice on implementing the Segal Report and more effectively managing and conducting warrant applications before the Federal Court.
    [Show full text]
  • Report of the Third Independent Review Authority to the Minister of National Defence Pursuant to Subsection 273.601(1) of the National Defence Act, RSC 1985, C N-5
    Report of the Third Independent Review Authority to the Minister of National Defence Pursuant to subsection 273.601(1) of the National Defence Act, RSC 1985, c N-5 The Honourable Morris J. Fish, C.C., Q.C. April 30, 2021 i INTRODUCTION I Canada’s system of military justice is deeply rooted in the fertile medium of necessity, tradition and history. Of necessity, it differs in important respects from its civilian counterpart. By tradition, and as a matter of commitment, it has remained loyal to its distinct characteristics – and correspondingly resistant to external oversight, civilian influence, and proposed reforms that would impact the chain of command. As for its history, Canada’s military justice system has always been separate from our civilian system of justice and it embraces that historical fact. These deep roots are solidly embedded and, in some respects, stubbornly entrenched. But our military justice system must nonetheless conform with evolving social values and contemporary legal norms. It has partly for that reason been made subject by Parliament to external scrutiny, at fixed intervals, by an Independent Review Authority.1 As the Supreme Court of Canada noted in Stillman, these independent reviews facilitate the continuing evolution of our military justice system by “ensuring the system is rigorously scrutinized, analyzed, and refined at regular intervals”.2 I am the Third Independent Review Authority.3 My mandate has required me to “rigorously scrutinize and analyze” the structure and operation of Canada’s military justice system writ large,4 and I have sought to do so with due regard to its distinct needs and objectives.
    [Show full text]