10 cases dropped due to inaction in military-justice system: report
OTTAWA — The federal auditor general fired a rocket at Canada’s military-justice system Tuesday, citing a failure to deal with persistent and unnecessary delays as the reason several serious cases have had to be abandoned in recent years.
Michael Ferguson assigned blame to all involved for the glacial pace with which military justice is dispensed, including military police, prosecutors, commanding officers and the Judge Advocate General.
Among the problems: lengthy investigations; delays in deciding whether to lay charges; overly long periods of time setting up courts martial; and issues over letting accused service personnel have access to defence lawyers.
As a result, 10 court-martial cases have been dropped since January 2016 because they didn’t move along fast enough, Ferguson said, including one that was underway and involved a charge of assault causing bodily harm.
“Delays run counter to the principle that an accused has the right to a speedy trial,” Ferguson told a news conference after his spring report was tabled in Parliament.
The Canadian Forces has known about the problems “for at least a decade,” the auditor added, “but has failed to correct them.”
The military has been working to stamp out sexual misconduct in the ranks after some victims complained that their cases were not being properly handled.
Tuesday’s report came a few weeks after the government unveiled proposed legislation to streamline parts of the military justice system while better supporting the rights of victims, a bill Defence Minister Harjit Sajjan highlighted on Tuesday.
“The auditor general’s recommendations will greatly assist us in ensuring that the military-justice system continues to serve the best interests of Canadians and the armed forces,” Sajjan said.