Canada Introduces Civilian-Military Panels to Address Unacceptable Behaviour in the Military

Strategic Insights -

Former Defence Minister Bill Blair confirmed that he signed off on new disciplinary measures, which include three-person panels comprising both civilians and military officers to address sexual misconduct, intimate-partner violence, and other unacceptable behaviours within the Canadian Armed Forces. This move is a response to recommendations made by former Supreme Court of Canada justice Louise Arbour, who suggested stripping the military of its power to investigate and prosecute sexual offences. The panels will have the authority to recommend dismissal or disciplinary measures, which must be signed off on by the head of the army, navy, or air force.

Key Takeaways:

  • The Canadian Armed Forces will establish three-person disciplinary panels, comprising an officer, a labour lawyer, and a human-resources expert, to address unacceptable behaviour, including sexual misconduct and intimate-partner violence.
  • The panels will have the authority to recommend dismissal or disciplinary measures, which must be signed off on by the head of the army, navy, or air force.
  • Retired general Wayne Eyre, a former chief of the defence staff, supports the civilian-military panels, stating that they will increase the speed and confidence of the chain of command in disciplinary decisions.
  • Megan MacKenzie, a professor of international law and human security at Simon Fraser University, notes that the panels are an effort to stop the "nepotistic protecting of one's colleagues" and to hold perpetrators accountable.
  • The civilian-military panels were one of the recommendations made by former Supreme Court of Canada justice Louise Arbour in her report on sexual misconduct in the Canadian Armed Forces.
  • The panels will begin hearing cases in the fall, as announced by National Defence spokesperson Kened Sadiku.
  • Jocelyne Therrien, the external monitor of the Arbour recommendations, is to report later this month on the effectiveness of the Armed Forces in implementing the panels.
  • Master Corporal Michael Spence, a JTF2 member, received 36 months of probation for assaulting his spouse, Brittany Makort, despite more serious charges being dropped as part of a plea deal.

Statistics:

  • 36 months: the length of probation received by Master Corporal Michael Spence for assaulting his spouse.
  • 2023: the year in which Master Corporal Michael Spence was first charged with assault and possession of illegal ammunition magazines.
  • 85 pages: the length of a document provided to Brittany Makort by government lawyers that restricted her from discussing certain matters in court, due to the invocation of Section 38 of the Canada Evidence Act.

Sources:

  • The Globe and Mail, March 2023.
  • Former Defence Minister Bill Blair, The Globe and Mail, 2023.
  • Retired general Wayne Eyre, The Globe and Mail, 2023.
  • Megan MacKenzie, professor of international law and human security at Simon Fraser University, The Globe and Mail, 2023.
  • National Defence spokesperson Kened Sadiku, The Globe and Mail, 2023.
  • Jocelyne Therrien, external monitor of the Arbour recommendations, The Globe and Mail, 2023.
  • Justice Minister Sean Fraser, The Globe and Mail, 2023.