Feds aim to close gap by unveiling victims’ bill of rights for military cases

OTTAWA — The federal government has promised to close what some consider significant and long-standing gaps within the country’s military court system with a new declaration of victims’ rights.

Defence Minister Harjit Sajjan unveiled proposed legislation on Thursday, which would provide victims in military cases with many of the same rights to information, protection and participation as those already available in the civilian system.

“This will ensure victims have a voice and that their voices are heard,” Sajjan said.

The new legislation would also require military tribunals to consider the circumstances of Indigenous offenders when deciding on jail time and require formal courts martial for criminal cases rather than leaving some with unit commanders. The legislation is similar to changes proposed by the Harper government in 2015, but died with the start of the election campaign.

While Canada’s bill of rights for victims came into effect three years ago, it exempted the military court system, much to the chagrin of many, particularly given concerns about sexual misconduct in the Forces.

The military’s top prosecutor and a senior Canadian Forces military police officer both told The Canadian Press in 2016 that they wanted a victims’ bill of rights for military tribunals.

The federal victims’ ombudsman also flagged concerns about “the gap in the rights of victims of crime within the Canadian military justice system” in November 2016.