(Ottawa) Members of the Canadian Armed Forces (CAF) are prohibited from wearing their military uniforms in civilian trials.
The armed forces issued an order on Thursday that the ban will come into force from 1ster December
This standard prohibits CAF members from wearing uniform during civil court proceedings, unless they are testifying in a military capacity on behalf of the military or the Crown. This includes legal authorities and the police.
The Vice Chief of the Defense Staff, Lt. Gen. Francis Allen, expressed outrage at Maj. Gen. Danny Fortin’s decision to wear his uniform and medals during a sexual assault trial in civilian court.
A former head of the government’s vaccination campaign against Covid-19, Mr.
Asked about the reasons for ordering Lt-Gen Allen to stop wearing the uniform in civilian trials, Defense Ministry spokesman Daniel Le Bouthillier said Mr. Fortin is not specifically quoted. .
However, he acknowledged in a statement that the military had decided to review its current policy “following concerns expressed by those who suffered the injury and questions from the media in September.”
Mr. Fortin first appeared in uniform in civil court in September and again in October. The judge will pronounce the verdict in the case on December 5.
The order, which follows promises made last year to begin transferring cases of criminal sexual conduct from the military justice system to civilian courts, also prohibits the wearing of medals while appearing in civilian court.
Members can request a waiver by making a formal request to their chain of command, who will make the decision based on a number of factors, including the nature of the procedure and the member’s role in the armed forces.
Reached by email on Thursday, Mr. Fortin said he would not comment until the judge renders his decision in his sexual assault case.
Standardize procedures
The order drew praise from Lori Butchart, former co-chair of “It’s Not Just 20K,” a support and advocacy group created by victims of military sexual misconduct.
Mme Butchart has previously expressed concern that wearing uniforms and medals in civilian courts could bias trials, particularly those involved with jurors and intimidate victims of military sexual misconduct.
“The decision to ban uniforms except on duty is absolutely the right decision,” said Mr.me Butchart Thursday.
“We are very happy that this issue has been clarified from a political point of view. […] We appreciate that CAF has taken seriously the concerns of those affected, understanding the pain and suffering that can arise in such situations. »
Charlotte Duval-Lantoin, an expert on military sexual misconduct at the Canadian Global Affairs Institute, suggested the new order could level the playing field when it comes to legal action.
“As we’ve seen in many cases, some may see military service as a reflection of a person’s character and a way to escape prosecution,” she said.
“Lawyers can still argue their case without a powerful image that can unwittingly influence the jury and the judge, as well as unnecessarily harm the accused,” the expert continues.
Mme Duval-Lantoin, however, expressed some hesitation about the possibility of requesting a waiver and how these decisions are made.
Retired Lt. Col. Rory Fowler, who is now a military lawyer, Mr.me Allen has the power to dictate when and where members of the armed forces can wear their medals.
If (Mme Allen) indicated that wearing medals in civilian clothes is prohibited, so she may have overstepped her jurisdiction,” Fowler said in an email.
“When the CAF dresses, the medals are part of that dress. The Chief of the Defense Staff may share guidelines on how medals can be worn with uniforms. But medals are not required to be worn with CAF uniform. »
Mr. Although Fowler also ordered Mr.me Allen shared with troops through a common CAF message known as “Conforgen,” that original Army dress regulations and other legal guidelines remain unchanged.
“CAF continues to use ‘Canforgen’ as a political tool,” he said. They are not political tools. As I mentioned earlier, “convergence” refers to the message system. […] Why are the (guidelines) not changed? “.
About The Author
