The National Military Law Section of the Canadian Bar Association says that the review of Canadian military law is too narrow in scope and must be expanded in order to make a more meaningful contribution to the overall development and reform of the law.
In March 2003, the Minister of National Defence appointed former Chief Justice of Canada, the Right Honourable Antonio Lamer, to conduct an independent five-year review of the provisions and operation of far reaching changes to Canadian military law brought into effect in 1998 by Bill C-25.
The CBA welcomes the review, and recognizes its value as a worthwhile exercise for the re-examination, reform and renewal of military law in Canada. However, the Association asserts that the review should be expanded to the entire National Defence Act (NDA), and not limited solely to Bill C-25. The Section also emphasizes the need for sufficient resources and enough time to properly complete a meaningful review.
The National Military Law Section’s analysis focuses on Canada’s military justice system and the military administrative law in a more comprehensive context. In its submission on the Operation of Canadian Military Law, delivered to the independent reviewer earlier this week, the Section notes many improvements that Bill C-25 brought to the military justice system. It emphasizes, however, that further measures are needed. The Section’s 65 recommendations focus on four key themes:
- the need for regular, independent review of military law;
- opportunities to strengthen the independence of the military justice system;
- the ongoing need to ensure that military law conforms with the Canadian Charter of Rights and Freedoms;
- the need for technical and procedural changes to ensure fairness and efficiency and to meet the needs of the Canadian Forces.
Such measures will improve the credibility of the system, the quality of the justice it dispenses and level of discipline within the Canadian Forces.
Finally, the Section recommends a variety of reforms to bring military law into conformity with the Charter as well as Canadian values of justice and fairness. For example, provisions of the NDA that permit a Canadian Forces members to be subject to restrictive bail conditions for lengthy periods without being charged, or provisions that permit a person to be found guilty of a serious offence (such as murder) on the basis of a majority—rather than unanimous—verdict, may be seen as inconsistent with the Charter.
