The federal government accepts “in its entirety” the appeal of retired Supreme Court Judge Louise Arbor for the transfer to civilian authorities of all criminal cases involving allegations of sexual misconduct in the military.
The surprise announcement on Thursday of the new Minister of National Defense, Anita Anand, came shortly after The Canadian Press revealed the existence of an “interim recommendation” from Mr.me Arbor. The former judge and United Nations high commissioner for human rights wrote last month to Mr.me Anand, Harjit Sajjan.
The Liberal government called on Mr.me Arbor in April to conduct a year-long review of sexual misconduct in the Canadian Armed Forces and find ways to address it. His appointment follows months of allegations of sexual misconduct involving some of the military’s top brass.
Minister Anand wrote on Twitter Thursday that she accepted Mr.me Arbor “to transfer the investigation and prosecution of cases of sexual misconduct to the civilian system”. She adds that the Canadian Armed Forces “are working with their federal, provincial and territorial partners to implement these interim recommendations.”
Mme Arbor is in fact the second retired Supreme Court judge in four months to call on the military to hand over criminal cases involving sexual misconduct to civilian authorities.
Following a comprehensive review of the military justice system, ex-Judge Morris Fish concluded in June that the investigation and prosecution of sexual assault should be temporarily withdrawn from the military, until that a victims bill of rights be implemented.
The government and military said at the time that they accepted Mr. Fish’s recommendations in principle, but that further study would be needed.
” Lack of confidence “
In his letter, Mme Arbor writes that she has taken cognizance of certain criticisms of this recommendation from Mr. Fish, notably that the civilian authorities would not have “an appropriate level of understanding and knowledge” of the Armed Forces, and that delays longer and less severe penalties could follow.
On the other hand, Mme Arbor also noted “significant skepticism”, particularly among the victims, as to the independence and competence of the National Investigation Service of the army and the military police, which gave rise to “a real lack of confidence” in with respect to the military justice system, “particularly at the investigative stage”.
The Canadian Forces National Investigation Service is responsible for investigating serious crimes committed in the military.
Mme Arbor also points out that while confidentiality may be necessary in the early stages of a police investigation, “in the current climate, secrecy serves to fuel the perception that the Armed Forces are unable to complete adequate investigations of their members. “. It also raises questions when officers who are investigated are promoted.
“In light of the above, I believe there is a need to establish a process that will facilitate the handling of allegations of sexual offenses in an independent and transparent manner, totally outside the Armed Forces,” writes the ex-judge Arbor.
M’s provisional recommendationme Arbor and Minister Anand’s Promise to Act follow months of allegations of sexual misconduct involving some of the military’s most senior officers. Several observers then underlined the incongruity of entrusting the handling of these complaints to the staff itself.