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RECOMMENDATIONS

THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS


RECOMMENDATION 1
That sections 167 and 168 of the National Defence Act be amended to remove or reduce distinctions based on rank in the composition of panels for General Courts Martial when the accused person is a member of the Canadian Forces.

 

RECOMMENDATION 2
That the National Defence Act be amended to allow civilians to be selected as members of General Courts Martial panels when the accused person being tried is a civilian.

 

RECOMMENDATION 3
That the Director of Military Prosecutions implement a policy specifying that, in ongoing cases where members of the Canadian Forces had charges preferred against them prior to 18 July 2008, and where their trials, as a result of the election of the DMP, would have proceed by Disciplinary Court Martial under the former tribunal system, the prosecution will not request the imposition of a sentence greater than the maximum sentence a Disciplinary Court Martial was authorized to impose.

 

RECOMMENDATION 4
That sections 163(1.1) and 164(1.1) of the National Defence Act be amended to reduce the limitation period for summary trials from within one year after the day on which the service offence is alleged to have been committed to the time of trial, to six months after the day on which the service offence is alleged to have been committed to the laying of the charge.

 

RECOMMENDATION 5
That the National Defence Act be amended to empower courts martial, as well as the Court Martial Appeal Court, upon allowing an appeal of a guilty or not guilty verdict or an appeal of a stay of proceedings, to remit matters back for summary trial if satisfied that the following conditions have been met:

(a) a court martial was convened to try the accused for offence in question solely because the limitation period for summary trials had expired;

(b) the offence is one that the commanding officer would have had jurisdiction to try by summary trial, had the limitation period not expired;

(c) prior to remitting the matter back for summary trial, the court martial’s presiding judge, or the Court Martial Appeal Court, as the case may be, receives written confirmation from both the accused person and his or her commanding officer that they are both willing to proceed by summary trial; and
 (d) the accused waives, in writing, the limitation period applicable to summary trials. 

 

RECOMMENDATION 6
That the National Defence Act be amended to provide for absolute discharge, restitution, and intermittent sentences as possible sanctions for members of the Canadian Forces convicted of service offences, as was provided for in Bill C-45.

 

RECOMMENDATION 7
That the National Defence Act be amended to provide for additional sentencing flexibility in relation to civilians over whom the military justice system has jurisdiction, by adding absolute and conditional discharge, probation, forfeiture, restitution and suspended and intermittent sentences as sentencing options.

 

RECOMMENDATION 6
That the National Defence Act be amended to provide for absolute discharge, restitution, and intermittent sentences as possible sanctions for members of the Canadian Forces convicted of service offences, as was provided for in Bill C-45.

 

RECOMMENDATION 7
That the National Defence Act be amended to provide for additional sentencing flexibility in relation to civilians over whom the military justice system has jurisdiction, by adding absolute and conditional discharge, probation, forfeiture, restitution and suspended and intermittent sentences as sentencing options.

 

RECOMMENDATION 8
That the National Defence Act be amended to provide for probation and suspended sentences as possible forms sanctions for the commission of service offences by military personnel, in addition to the new sentencing options that Bill C-45 would have provided for.

 

RECOMMENDATION 9
That article 111.11 of the Queen’s Regulations and Orders be amended to oblige the prosecution to disclose willsay statements to the accused at or prior to the time when a charge is preferred rather than simply before a court martial commences.


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