(Ottawa) Members of the Canadian Armed Forces (CAF) are banned from wearing their military uniform in civilian trials.
The armed forces issued an order to this effect on Thursday, stating that the ban will come into effect on 1er december.
This measure prohibits CAF members from wearing a uniform during civilian court proceedings, unless they are testifying on behalf of the military or the Crown in a military capacity. This includes legal officers and the police.
The decision announced by the Vice Chief of the Defense Staff, Lieutenant-General Frances Allen, follows outrage over Major General Dany Fortin’s decision to wear his uniform and medals during her sexual assault trial in civil court.
Mr. Fortin, who is the former head of the government’s vaccination campaign against COVID-19, then caused an outcry.
Defense ministry spokesman Daniel Le Bouthillier did not specifically quote Mr. Fortin, who has claimed his innocence and is currently awaiting a judge’s verdict, when asked about the reasons for the Lieutenant-General Allen to order an end to the wearing of uniforms in civil trials.
However, he acknowledged in a statement that the military had decided to review its existing policy “following concerns expressed in September by those who have experienced trauma as well as questions from the media”.
Mr. Fortin first appeared in uniform in civilian court in September and again in October. A judge is due to deliver a verdict in the case on December 5.
The order, which follows promises made last year to begin transferring cases involving criminal sexual behavior from the military justice system to civilian courts, also prohibits the wearing of medals while appearing in civilian court.
Members can request an exception by making a formal request to their chain of command, who will make a decision based on several factors such as the nature of the procedure and the member’s role in the Armed Forces.
Mr. Fortin and his lawyer Rodney Sellar could not immediately be reached to comment on the case.
The order was met with applause from Lori Buchart, who was previously co-chair of “It’s Not Just 20K,” a support and advocacy group created by victims of military sexual misconduct.
Mme Buchart had previously expressed concern that the wearing of uniforms and medals in civilian courts could create bias in trials, especially those involving juries, and intimidate victims of military sexual misconduct.
“The decision to ban uniforms except for duty is absolutely the right decision,” said Mr.me Buchart Thursday.
“We are extremely happy that this issue has been clarified from a political point of view. […] We appreciate that the CAF has taken the concerns of those affected seriously, understanding the hurt and retraumatization that can arise in situations like this. »
Yet retired Lt. Col. Rory Fowler, who is now a military lawyer, wondered if Mr.me Allen actually had the power to dictate when and where members of the Armed Forces can wear their medals.
“If (Mme Allen) suggests that the wearing of medals in civilian dress is prohibited, so she may well be overstepping the bounds of her authority,” Fowler said in an email.
“When worn with CAF dress, medals are part of that dress. The Chief of the Defense Staff can share guidelines regarding how medals can be worn with uniforms. But medals do not have to be worn with CAF dress. »
Mr. Fowler also noted that although the order of Mr.me Allen was shared to the troops via what is called a general CAF message, called “Canforgen”, the actual Army dress regulations and other legal guidelines remain unchanged.
“The CAF continue to use ‘Canforgen’ as a political tool,” he said. They are not meant to be political instruments. As I mentioned before, the ”Canforgens” represent a message system. […] Why have (the guidelines) not been changed? “.