The Third Independent Reviews of the National Defence Act

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

Table of Contents

• Introduction
• Table of abbreviations
• Mandate and methodology
  1. Mandate
  2. Methodology
  3. Identification of Priorities for the Independent Review and Limitations
  4. Terminology
• Chapter 1 – The Military Justice System
  1. The Independence of Military Justice Actors from the Chain of Command
  2. Military Jurisdiction over Civil Offences
  3. Service Offences and Punishments
  4. From the Disciplinary Investigation to the Laying, Referral and Pre-Trial Disposal of Charges
  5. Summary Trials
  6. Courts Martial
• Chapter 2 – Sexual Misconduct
  1. Historical Context
  2. Military Jurisdiction over Sexual Misconduct
  3. Duty to Report Incidents of Sexual Misconduct
  4. Protection and Support for Victims
  5. Restorative Justice Approaches
• Chapter 3 – The Military Police Complaints Commission
  1. Changed Context for Policing and Oversight
  2. Powers of the Military Police Complaints Commission
• Chapter 4 – The Military Grievance Process
  1. Overview
  2. The Main Problem: Delays
  3. CDS Directive for CAF Grievance System Enhancement
  4. Solutions Within the Current Military Grievance Process
  5. Epilogue: Discussion on a More Modern Approach
• Chapter 5 – Observations on the Independent Review Process and Policy Development in the Military Justice System
  1. The Independent Review Process: A Statutorily Mandated Review
  2. Effective Independent Oversight and Redress Mechanisms
  3. Hateful Conduct
  4. The Policy-Making Process in the Military Justice System
• Summary of Findings and recommendations
• List of Recommendations
• List of Schedules