MILITARY JUDGE ACCUSED OF FRAUD.
In an unprecedented situation, Canada’s top military judge has been charged after an investigation into one of his travel claims and his alleged relationship with a female subordinate.
The case won’t be heard in a civilian court, however, but could be decided by one of the judge’s staff.
The Canadian Forces National Investigation Service laid charges Thursday in Ottawa against Col. Mario Dutil, the Chief Military Judge. Dutil has been charged with one count of an act of a fraudulent nature under the National Defence Act; one count of wilfully making a false entry in a document signed by him that was required for an official purpose, and one count of conduct to the prejudice of good order and discipline.
Military police spokesman Navy Lt. Blake Patterson said the investigation started in November 2015 when a complaint was received about Dutil’s relationship with a female subordinate. During the course of that investigation, evidence came to light about allegations regarding the act of a fraudulent nature. That issue is linked to one of Dutil’s travel claims.
Dutil is the head judge in the military system and oversees three other judges who are lieutenant colonels. He is still serving as chief military judge but is not scheduled to hear any cases.
Dutil can only be removed by a government order-incouncil after an examination of the situation by an independent judicial committee.
Judge Advocate General Commodore Geneviève Bernatchez said in a statement Thursday the case against Dutil is unusual and unprecedented. But she said the case will stay within the military justice system.
“I can assure you that the military justice system has the appropriate mechanisms to deal with this exceptional situation, fairly and in accordance with the law,” said Bernatchez, whose duty is to oversee the administration of military justice.
“I have every confidence that all actors of the military justice system will continue to perform their duties in a fair, independent and impartial manner. And as in the civilian system, the accused is presumed innocent until proven guilty.”
The next steps have yet to be decided. But a special prosecutor, most likely a reservist who is a lawyer, could be brought in to decide whether the case should proceed to a court martial.
If it does proceed, Dutil’s fellow judges will have to decide whether they feel they can hear the case against their boss.
Military officials acknowledged the case could lead to a perception of a conflict of interest but remain confident the system is above that.
If Dutil’s staff feel they can’t preside over the case, a new military judge could be appointed.
AS IN THE CIVILIAN SYSTEM, THE ACCUSED IS PRESUMED INNOCENT UNTIL PROVEN GUILTY.
Ottawa lawyer Michel Drapeau said, because Dutil is charged under the National Defence Act, a civilian court can’t hear the charges. But he pointed out the situation in which one of Dutil’s subordinates could decide the outcome of this case is just another reason a top-to-bottom review of the military justice system is needed.
Parliament and the Supreme Court have consistently recognized that there is a need for separate tribunals to enforce special disciplinary standards in the military, Bernatchez said.
Lt.-Col. Kevin Cadman, commanding officer of the Canadian Forces National Investigation Service, said in a statement that rank or appointment plays no factor in an investigation.