Chapter Five: The Way Ahead
The year ahead should see the advancement of a number of efforts to continue to enhance the military justice system, including the court martial comprehensive review which will conduct a legal and policy analysis of all aspects of the CAF’s court martial system and, where appropriate, develop and analyse options to enhance the effectiveness, efficiency, and legitimacy of that system. In addition, it is anticipated that the military justice audit framework, the development of which will commence over the course of the upcoming reporting period will enable the JAG to be proactive in leading military justice oversight, while contributing to responsible development and positive change within the military justice system.
In terms of legislative development, the Office of the JAG will continue to work with the Department of Justice toward preparing the regulatory provisions required to bring the remaining provisions of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act, into force. These provisions, among other things, focus on the military justice system, making amendments in areas such as pre-trial custody, the composition of court martial panels, and sentencing. Of particular note, these provisions will also reduce the range of those service offences and punishments that result in a CAF offender being liable to receiving a criminal record.
The JAG will continue to support the CDS and other members of the chain of command in the execution of Operation HONOUR. In addition to taking the necessary steps to implement the strategy of the CDS to eliminate inappropriate sexual behaviour within the CAF, the Office of the JAG will work to ensure that efforts to implement Operation HONOUR occur with a complete understanding of applicable law and consequent legal risk. Additionally, the Office of the JAG will ensure that any efforts to develop the military justice system complement efforts that are being undertaken by other CAF authorities in support of Operation HONOUR.
Conclusion
The ability of the CAF to achieve its mission, in Canada and around the world, is enabled by Canada’s strong military justice system. Designed to be fair, efficient, and effective, the military justice system is continuously evolving to be a relevant and useful tool for the chain of command to maintain the discipline, efficiency, and morale of the CAF. Canada’s military justice system is a world-class system that aligns with Canadian values and the rule of law while ensuring that it continues to serve the particular needs of the CAF.