麻豆影视

Canada

    • Urgent reforms needed to military justice system to protect misconduct victims: Fish

    Share
    OTTAWA -

    A retired Supreme Court judge is calling for urgent reforms to Canada's military justice system to prevent victims of misconduct, sexual and otherwise, from continuing to suffer.

    Morris Fish says the current system is rife with areas where the potential for interference in police investigations and courts martial from the chain of command exists, which is why action is needed now.

    "Reform of the military justice system along the lines developed by my recommendations is no longer an option: It's essential to protect present and future generations of military members," Fish said in a recent interview with The Canadian Press.

    "So that's why I say there is an urgent need for reform of the military justice system in order to prevent present and future victims of sexual misconduct and other misconduct from continuing to suffer needlessly and unduly."

    Fish's comments follow the release of an explosive 400-page report earlier this month on the system that the Canadian Armed Forces uses to investigate and try everything from minor disciplinary infractions to heinous criminal acts.

    Fish spent six months starting last November quietly studying the system, which functions separately from its civilian counterpart and is subject to mandatory reviews every decade or so, with his final report tabled in Parliament on June 1.

    Much of Fish's review coincided with the military's latest reckoning with sexual misconduct as several senior commanders have been accused of improper, and in some cases criminal, behaviour.

    Underlying much of the current crisis are questions of fairness and accountability in how the military handles such allegations, with concerns that those higher up in the ranks are treated less severely than those near the bottom.

    Those concerns were only underscored following revelations the military's second in command, Lt.-Gen. Mike Rouleau, recently golfed with former defence chief Jonathan Vance.

    Rouleau is not only responsible for administration of the military police, who are currently investigating Vance on allegations of sexual misconduct, but has the power through the National Defence Act to issue orders in relation to police investigations.

    While Rouleau and the military's top police officer insist that he has never issued such an order, the vice-chief of defence staff's power was one of the areas of potential interference identified by Fish in his report even before the golf game.

    But it was far from the only one, with Fish finding numerous other areas where commanders have both direct and indirect influence over military police, prosecutors, defence lawyers and even judges themselves.

    The retired justice heard directly from military police officers and others of instances in which they had either seen interference or otherwise felt like they were not truly independent of the chain of command.

    Fish in his report called for all military police, not only members of the Canadian Forces National Investigation Service, to be able to lay charges. As it stands now, non-CFNIS officers can only recommend charges to the chain of command.

    "I heard about charging recommendations of members of the uniformed military police being rejected -- even for serious offences -- on the basis of extraneous and irrelevant considerations," Morris wrote in his report.

    Those included "the performance of the accused in the unit, a wish to give the accused `another chance' or to avoid compromising the accused's career." Some officers also worried laying charges could draw attention to their own failure to maintain discipline.

    Fish also specifically flagged the vice-chief of defence staff's ability to issue orders in relation to military police investigations as a serious and clear concern, and called for it to be repealed.

    More insidious, particularly in the given context of allegations involving the very top echelon of the Canadian Armed Forces, were the many ways that Fish found the independence of military judges, prosecutors and defence lawyers is threatened.

    For example, the director of military prosecutions is appointed by the judge advocate general for renewable four-year terms. While the prosecutor is supposedly independent, "I was told by the DMP that the possibility of renewal makes them vulnerable to political pressures."

    Similar concerns were raised about the defence lawyers assigned to protect troops facing disciplinary or criminal charges. Fish said he heard stories of some being reluctant to cross-examine high-ranking witnesses, especially at promotion time.

    Fish was quick to say in his report and by telephone that he has full confidence in the current judge advocate general, Rear-Admiral Genevieve Bernatchez, as well as the military's current top prosecutor, defence lawyer and judges.

    But he says the system's proper functioning should not be dependent on personalities or individuals.

    The retired judge found numerous other problems with the military justice system outside potential interference, including the time it takes to resolve cases, light sentences on convictions and the fact it is legally impossible to court martial a chief of the defence staff.

    That could be relevant if military police decide to charge Vance or his successor as defence chief, Admiral Art McDonald. Vance has denied wrongdoing and McDonald has not commented.

    Fish also dedicated an entire chapter in his report to the system's handling of sexual misconduct cases, and many of his recommendations on that front have been accepted outright by the military and Liberal government.

    But much of Fish's report -- and many of his recommendations -- focused on boosting independence in the system. Those include "civilianizing" military judges, and having senior police and legal officers appointed by cabinet rather than the chain of command.

    Yet while the government says it accepts all of Fish's recommendations "in principle," it has not given a timeline for implementation.

    Fish said he was optimistic they would be implemented, based on the public commitments delivered by senior military leaders and Defence Minister Harjit Sajjan earlier this month, which he believes were approved by Prime Minister Justin Trudeau's office.

    "I cannot imagine this commitment could have been made without it having passed through the PMO, the highest authorities of government," he said.

    "So I read into this an acceptance not only by the CAF and the (Defence) Department, at least an implicit acceptance by the PMO."

    This report by The Canadian Press was first published June 20, 2021.

    CTVNews.ca Top Stories

    WATCH LIVE

    WATCH LIVE

    The two people who died in a major fire in Old Montreal on Friday were a mother and her seven-year-old daughter, sources told Noovo Info.

    The sentencing of the man who pleaded guilty in the deadly hit-and-run in Kitsilano two years ago began on Friday.

    A 30-year-old northwestern Ontario woman has been charged with arson following a structure fire Thursday night, police say.

    Ontario Provincial Police have laid stunt charges against a driver caught speeding 75 km/h over the speed limit on Highway 417 in Ottawa's west end.

    Travelling on a budget can be stressful, but there are ways you can ensure you're getting the best deal on flights as the holiday season approaches.

    • Fire crews battled a massive blaze in downtown Langley Saturday morning.

    • Nearly two years after a man was stabbed to death in downtown Kelowna, RCMP have made an arrest in the case.

    • The man suspected of murdering another man inside a Mackenzie, B.C., home last weekend has been arrested.

    • A Toronto police officer has been arrested after allegedly stealing three bottles of alcohol from a store.

    • Two pedestrians have been taken to hospital with serious injuries after an early-morning collision in Vaughan.

    • Toronto鈥檚 annual Nuit Blanche is back and with it come road closures.

    • An investigation is underway into a Friday night collision in southeast Calgary that left one person dead.

    • An investigation is underway into what caused a vehicle rollover Saturday in the area of Plummers Road and Priddis Valley Road.

    • New data shows the automated speed enforcement camera on King Edward Avenue, between Bolton Street and St. Patrick Street, issued 6,337 speeding tickets in August, the highest number of tickets issued by Ottawa's 40 photo radar cameras.

    • Environment Canada has issued a frost advisory as temperatures across Ottawa and eastern Ontario are expected to dip near the freezing mark this evening.

    • Fair season continues in the Ottawa area, the Ottawa 67's and Senators play on home ice, Carleton University and the University of Ottawa meet in the Panda Game and a former Backstreet Boy is in town.

    • WATCH LIVE

      WATCH LIVE

      The two people who died in a major fire in Old Montreal on Friday were a mother and her seven-year-old daughter, sources told Noovo Info.

    • Montreal police say they are increasing their presence across the city ahead of the one-year anniversary of the Oct. 7 start of the Israel-Hamas war.

    • Montreal police say a business in the city's Pointe-Saint-Charles neighbourhood was hit with Molotov cocktails two nights in a row.

    • An estimated four billion birds will navigate man-made environments as they travel south from North America during fall migration. Tens of million of them will die en route due to human-created hazards.

    • A 79-year-old woman is dead after the vehicle she was driving crashed into an east Edmonton building late Friday afternoon.

    • Detroit Red Wings goaltender Jack Campbell has entered the NHL/NHLPA player assistance program.

    • A riding in southwest New Brunswick that for decades was a Progressive Conservative stronghold is shaping up to be a bellwether that could offer a window into the future of the Tory party, and maybe of the province.

    • Nova Scotia author Allison Maher made the jump from young adult (YA) to adult fiction with her most recent novel, 鈥淭he Last of the Firsts鈥 and the response from readers has been a surprise for the writer.

    • It鈥檚 1998. Google was just born, and dial-up was the primary way to connect to the Internet. New sites were being developed daily on any number of topics, from recipes to shopping. David Yanciw, however, was thinking big - big things, that is.

    • A two-storey house that was under construction was the scene of a Saturday morning fire in Winnipeg鈥檚 Glenwood neighbourhood.

    • Highway 12 has been reopened following a single motor vehicle collision Saturday morning in the RM of Brokenhead, Man.

    • A wind warning has been issued for parts of southern Saskatchewan, with gusts of up to 100 kilometres per hour (km/h) possible in some areas on Saturday, Environment and Climate Change Canada says.

    • Regina police are investigating after guns were fired at two homes last week, with one home being shot at on multiple occasions.

    • A permanent memorial at the site of the 2018 Humboldt Broncos bus crash is about to be a step closer.

    • The Huron Ontario Provincial Police said they responded to a 鈥渄owned airplane鈥 just after 11 a.m. Saturday.

    • Police say they were called to the area of Simcoe Street and Market Street around 1:30 a.m. Saturday for a report of an assault.

    • The Oktoberfest Parade is fast approaching and organizers are urgently seeking volunteers to fill the role of sign carriers.

    • A permanent memorial at the site of the 2018 Humboldt Broncos bus crash is about to be a step closer.

    • The Saskatchewan Teachers' Federation hosted a virtual election forum on education Thursday evening, giving candidates in the provincial election a chance to share their thoughts and answer questions on issues teachers find most important.

    • A Saskatchewan man living in the United States has pleaded guilty to possessing child pornography after he unknowingly provided disturbing videos to an FBI agent he thought was a pedophile.

    • Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.

    • WATCH LIVE

      WATCH LIVE

      The two people who died in a major fire in Old Montreal on Friday were a mother and her seven-year-old daughter, sources told Noovo Info.

    • An organization who has assisted in locating 40 missing people since 2018, has its sights set on the Thames River near Cavendish Park in London, Ont.

    • Huron OPP say they were on the scene of a plane crash this morning, with a pilot finding themselves unable to halt before the end of a runway in Brussels.

    • Three people from Simcoe County face charges in relation to a drug trafficking investigation that police say resulted in the seizure of several weapons, drugs and thousands of dollars worth of stolen property.

    • The Southern Georgian Bay OPP Detachment is investigating several impaired driving incidents that occurred over the past week, including two that led to drug busts.

    • A man is facing multiple charges after reportedly threatening to harm staff members at an Orillia business Friday afternoon.

    • The municipality issued a stern reminder for code violators, as both were fined following a warning issued by Leamington Fire Services.

    • According to police, the suspect entered and vandalized the property in the 700 block of Grand Marais Road Easton on September 28.

    • Travelling on a budget can be stressful, but there are ways you can ensure you're getting the best deal on flights as the holiday season approaches.

    • The leaders of both British Columbia's provincial Conservatives and New Democrats are in the Okanagan campaigning today.

    • We haven't heard the candidates talk much about education during B.C.'s 2024 election campaign, but the teachers' union is trying to put the spotlight on that issue.

    • The body of a British Columbia mountain climber has been located and recovered after the 39-year-old man was reported missing during a solo climb on Washington state's Mount Baker earlier this week.

    • Nearly two years after a man was stabbed to death in downtown Kelowna, RCMP have made an arrest in the case.

    • The leaders of both British Columbia's provincial Conservatives and New Democrats are in the Okanagan campaigning today.

    • Three young suspects have been arrested in connection with a swarming attack on a teenager in B.C.'s Okanagan last week 鈥 and authorities have asked the public to stop circulating disturbing videos of the incident.

    • Lethbridge police executed dozens of warrants and laid numerous charges in another targeted enforcement project in the downtown area.

    • A person was airlifted to hospital following a serious crash in Taber, Alta., on Friday morning. Taber RCMP responded to the scene on Highway 864 around 10:30 a.m., for a crash involving an SUV and a semi-truck.

    • To enhance inclusivity at Lethbridge Polytechnic, the institution has launched a new accessibility micro-credential.

    • Two teens, ages 14 and 19, have been charged with arson in connection with a July 14 fire in Cat Lake First Nation that destroyed $500,000 in construction materials.

    • A northeastern Ontario jury has started deliberating in Canadian musician Jacob Hoggard's sexual assault trial, we can now tell you what they weren't allowed to hear.

    • A suspect who accused Thunder Bay police of being responsible for his throat injury actually hurt himself when he swallowed a large amount of drugs.

    N.L.

    Local Spotlight

    Chantal Kreviazuk is set to return to Winnipeg to mark a major milestone in her illustrious musical career.

    From the beaches of Cannes to the bustling streets of New York City, a new film by a trio of Manitoba directors has toured the international film festival circuit to much pomp and circumstance.

    A husband and wife have been on the road trip of a lifetime and have decided to stop in Saskatchewan for the winter.

    The grave of a previously unknown Canadian soldier has been identified as a man from Hayfield, Man. who fought in the First World War.

    A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.

    Moving into the second week of October, the eastern half of Canada can expect some brisker fall air to break down from the north

    What does New Westminster's t蓹m蓹sew虛tx史 Aquatic and Community Centre have in common with a historic 68,000-seat stadium in Beijing, an NFL stadium and the aquatics venue for the Paris Olympics? They've all been named among the world's most beautiful sports venues for 2024.

    The last living member of the legendary Vancouver Asahi baseball team, Kaye Kaminishi, died on Saturday, Sept. 28, surrounded by family. He was 102 years old.

    New data from Greater Vancouver and the Fraser Valley shows a surge in supply and drop in demand in the region's historically hot real estate market.

    Politics

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    • Travelling on a budget can be stressful, but there are ways you can ensure you're getting the best deal on flights as the holiday season approaches.

    • A five-seat sushi counter located inside another restaurant is the latest Vancouver eatery to receive a Michelin star.

    Sports

    • According to the Canadian Women & Sport's 2022 Rally Report, 76 per cent of girls who participate in sports believe it helps build confidence and enhances their mental health. While those benefits are important for all children, the organization's CEO says, right now, girls have less access.

    Autos

    • A Pickering, Ont., student going to college to be a mechanic is shocked the engine in his two-year-old car will not be repaired under warranty after the dealership claimed he had been 'over-revving' the engine.

    • A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at 麻豆影视. We may earn a commission when you use our links to shop.聽Read about us.

    Stay Connected
    Follow 麻豆影视