ARCHIVED - Judge Advocate General Communiqué
Ten years ago, the National Defence Act (NDA)1 received a comprehensive legislative overhaul in the form of Bill C-25.2 These amendments represented the most significant changes to the military justice system since the enactment of the NDA in 1950. When the Bill received Royal Assent on 1 September 1999, it updated many aspects of the military justice system, reaffirmed that system's compliance with the Canadian Charter of Rights and Freedoms, and strengthened the unique legal characteristics at the heart of Canada's modern and disciplined armed forces.
Despite the positive change that resulted from Bill C-25, it remains clear that reform of the military justice system is not a one-time event, but rather a continuing process of improvement and refinement. Since military law forms part of the broader and ever-changing Canadian legal framework, we must all work to ensure that the system continues to reflect the deeply held and constitutionally-protected Canadian values of fairness, transparency and the rule of law.
It has long been established that military forces require an efficient and effective mechanism to address disciplinary issues within their ranks in order to successfully carry out their assigned missions. Canada's military justice system has evolved dramatically in recent years to meet this requirement and keep pace with changes in Canadian law. It is a unique tool that military commanders can rely upon to complement training and leadership in the maintenance of discipline.
In recent years, thousands of Canadian military personnel have deployed around the globe - at sea, on land and in the air - in support of the Government of Canada's strategic objectives. I am proud to say that the military justice system has proven indispensible in meeting the disciplinary needs of the chain of command in support of those operations.
This Report covers the final year of Brigadier-General Kenneth Watkin's four-year term as Judge Advocate General (JAG) of the Canadian Forces (CF), including his superintendence of the administration of the military justice system. It will provide background and analysis to assist Parliament and the public in understanding the current issues and concerns relevant to the military justice system.
This report will also highlight the unique and specialized support that military legal officers provide to CF commanders and the Government of Canada - both at home and abroad - to ensure that all military operations are conducted in accordance with Canada's domestic and international legal commitments.