- Reaction score
- 777
- Points
- 1,240
The defense is attempting to argue another constitutional challange due to the lack of sentancing options available to Court Martials.
from The Chronicle Herald
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from The Chronicle Herald
Qualms about military justice
Wilcox’s lawyer says lack of sentencing options creates "second-class" system
By LAURA FRASER Cape Breton Bureau
Thu. Sep 10 - 4:46 AM
SYDNEY — What would be the point in sending Cpl. Matthew Wilcox to a military prison if the Glace Bay soldier convicted of killing his comrade in Afghanistan is not allowed to return to the Canadian Forces?
It would be a "waste of time," the soldier’s lawyer said as he argued that the military justice system does not have an adequate scale of penalties to sentence soldiers that run afoul of the law.
"What’s the sense in keeping somebody who’s been (booted) from the military (at) the service prison, marching around in coveralls to a recruit’s level of discipline?" Maj. Stephen Turner said during a sentencing hearing Wednesday at the Sydney garrison.
Cpl. Wilcox is the first person convicted of killing a fellow Canadian soldier since the Afghanistan mission began, according to all the lawyers involved in the 24-year-old’s case.
A military panel heard six weeks of evidence before finding the reservist guilty July 30 of criminal negligence causing death and negligent performance of a military duty. Cpl. Wilcox had been facing the more serious charge of manslaughter but was found not guilty.
Cpl. Wilcox’s lawyers say the Canadian military justice system must be overhauled so that offending soldiers receive the same range of sentences as civilians who go before the bench.
The military system has no options for parole, conditional sentences or probation, which results in a form of "second-class justice," Maj. Turner said.
He said the court should declare the section of the National Defence Act governing such practices unconstitutional.
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