Amendments to Terms of Reference - Court Martial Comprehensive Review

Alternate Formats

Judge Advocate General
National Defence Headquarters
Major-General George R. Pearkes Building
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2

0160-1-06551-06-0034

12 July 2017

Deputy Judge Advocate General / Military Justice

AMENDMENTS TO TERMS OF REFERENCE - COURT MARTIAL COMPREHENSIVE REVIEW       

Reference: 0160-1-06551-06-0034 Terms of Reference – Court Martial Comprehensive Review, dated 13 May 2016

  1. At the reference, my predecessor initiated a comprehensive review of the Canadian Armed Forces’ (CAF) court martial system, pursuant to the Judge Advocate General’s (JAG) statutory responsibilities for superintendence of the administration of military justice under section 9.2(1) of the National Defence Act (NDA), and for the conduct of regular reviews of the administration of military justice under section 9.2(2) of the NDA.
  2. Since taking up my appointment as the JAG on 27 June 2017, I have been briefed by the Court Martial Comprehensive Review Team (CMCRT) on the status of the review, and have provided the team with some broad guidance to consider as they work towards completion of a draft report.  Following my review of the draft report, it is my intent to then seek the input of key stakeholders who have expertise or interest in the court martial system.  Any additional policy or legal analysis following my review of the draft report will be provided to me by the CMCRT at my direction.
  3. In order to permit the CMCRT to consider and incorporate my guidance, and to produce a final report that will assist me in providing advice and recommendations to the Minister of National Defence and the Chief of the Defence Staff, I hereby amend the Terms of Reference for the Court Martial Comprehensive Review, as follows:
    1. Timing of Review.  The comprehensive review shall produce a draft report deliverable to me no later than 21 July 2017.
    2. Classification/Designation of the CMCRT Final Report.  As the final report will be a policy-based analysis and discussion of options for enhancing the court martial system, the report should not be marked or treated as a document that is subject to solicitor-client privilege.
  4. I fully support the efforts of the CMCRT, and look forward to receiving the team’s draft report.  Like my predecessor, I expect each member of the CMCRT to continue to bring to bear the full extent of his or her legal and military expertise throughout the remaining period of this comprehensive review. Fiat Justitia.

 

 

Geneviève Bernatchez
Commodore
992-3019 / 996-8470

c.c.

Minister of National Defence
Chief of the Defence Staff
Chief Military Judge
Chief of Staff - Judge Advocate General
Deputy Judge Advocate General / Administrative Law
Deputy Judge Advocate General / Operations
Deputy Judge Advocate General / Regional Services
Deputy Judge Advocate General / Strat Review
Director of Military Prosecutions
Director Defence Counsel Services
Canadian Armed Forces Chief Warrant Officer
Judge Advocate General Chief Warrant Officer

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