Chief Military Judge Col Mario Dutil Charged

[dapaterson]

He got away with it.

The Director of Military Prosecutions, having read the writing on the wall, is withdrawing all charges.  One can only hope that this will serve as a wake-up call to legislators and see the abolition of the military bench, sending all court martials to Federal court.

https://www.canada.ca/en/department-national-defence/news/2020/03/director-of-military-prosecutions-withdraws-all-charges-against-chief-military-judge.html

 

[FJAG]

He got away with it.

The Director of Military Prosecutions, having read the writing on the wall, is withdrawing all charges.  One can only hope that this will serve as a wake-up call to legislators and see the abolition of the military bench, sending all court martials to Federal court.

https://www.canada.ca/en/department-national-defence/news/2020/03/director-of-military-prosecutions-withdraws-all-charges-against-chief-military-judge.html

I too am very disappointed with the result but, as you say, the writing was on the wall. The legislation was flawed and we all know that now. The problem is that the folks who wrote the legislation in the first place should have foreseen and dealt with the situation.

The good news is he retires next month I think.

Unlike you, I'm not quite prepared to throw the baby out with the bath water. That said, I'm getting closer. One trouble is that if you think that the CM was a slow process, just wait till you deal with the Federal Court - Trial Division. Been there, done that, got the T-shirt.

:cheers:

 

[Infanteer]

Agree with baby:bathwater.  Doesn't the court martial work for the other 99.9% of the times it is required?

 

[Fishbone Jones]

I take it, because there was no trial, it's moot. However, if it had gone forward and he'd been found guilty, would that have any impact on any of his previous decisions? Would parties, found guilty by him, have room for appeal?

 

[garb811]

I doubt it, just like just because a police officer is subsequently convicted of a criminal offense doesn't mean all of their cases are subject to review/appeal. The difference would be if it came out at trial that someone had been blackmailing him WRT his decisions to keep the allegations quiet.

 

[FJAG]

It would be very difficult. In the first place, it's the prosecutor who determines what part of the case he puts forward so the judge can't keep things quiet. While he would rule on whether or not certain evidence could come in, that would be subject to a decision in open court which (if inappropriate) would have given the prosecutor an opportunity to appeal.

The same thing at the end of the day. Judges these days have to give written reasons for their findings and sentence and therefore any impropriety at that point would have been appealable at that point.

This wasn't a case respecting a judge making poor choices or acting improperly on the bench but respecting allegations about his private/social interactions with a subordinate and in documents.

:cheers:

 

[ModlrMike]

Out of curiosity, would there be much difficulty in amending the NDA so that charges against JAG officers are heard at CM lead by a Federal Court judge? What I mean is that we import the judge rather than export the case.

 

[PuckChaser]

Out of curiosity, would there be much difficulty in amending the NDA so that charges against JAG officers are heard at CM lead by a Federal Court judge? What I mean is that we import the judge rather than export the case.

Would that also preclude holding a General Court Martial where there is a panel deciding on guilt or innocence?

 

[ModlrMike]

I wouldn't think so, as we would simply be taking the JAG branch out of the equation. S. 167 NDA states "A General Court Martial is composed of a military judge and a panel of five members." Where S.168 speaks to who may sit on the panel. In the end, it would mean that s.167 would need to be rewritten. It would also likely require a sub-para for s.174 regarding Standing Courts Martial.

 

[Fishbone Jones]

Thx guys.