The civilian justice system should take primary responsibility on investigation and prosecution until the military establishes certain protections for complainants, Morris Fish says
This translation has been automatically generated and has not been verified for accuracy.The civilian justice system should take primary responsibility over the investigation and prosecution of sexual offences in the military, until the military justice system establishes certain protections for complainants, retired Supreme Court justice Morris Fish says in a report released Tuesday.
Mr. Fish said the military justice system should have the same victims-rights protections that are available in the civilian system. Prof. Craig, an expert on sexual misconduct and the military, said Mr. Fish’s recommendation leaves an important gap. Mr. Fish did recommend, however, that the rights and protections, for both victims and accused persons, in the Criminal Code, ultimately be written into the National Defence Act.
Mr. Fish said his review has focused on the military justice system and related aspects of sexual misconduct – and his recommendations complement those of Justice Deschamps. In response to mounting pressure, the Liberal government appointed former Supreme Court justice Louise Arbour to examine sexual harassment and misconduct in the military, paving a way forward for how the CAF could set up an independent reporting system.
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