- Reaction score
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- Points
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Here is a situation regarding the military justice system and application for pardons. What do people think about having a mechanism under the military justice system for pardons? As it stands one does not exist and all pardon applications must be put through the Parole Board of Canada that is part of the criminal justice system.
An active member of the Canadian Forces was charged under Section 129 of the National Defence Act (NDA) for falling asleep while on duty in Afghanistan. The member was found responsible through a military summary trial by a CF military officer and was given a fine of $750 dollars.
As of November 2016 member will be eligible to apply for a pardon from the Parole Board of Canada as there is no mechanism within the military justice system for them to apply for a pardon.
The problem is this, if they were found responsible for a military offence through the military justice system (not the criminal justice system) under the National Defence Act, was given a military summary trial conducted by a military officer, on a military base, than they should not have to apply to the “criminal justice system” (Parole Board of Canada) in order to receive a pardon.
The military justice system has asserted itself in saying that it is separate and necessarily so in order to enforce discipline. This has also been backed up by the Supreme Court of Canada in fairly recent rulings. If the military justice system is truly separate than a mechanism to grant pardons should exist within the military justice system. As it stands anyone who wants to apply for a pardon must apply to an external board (Parole Board of Canada), pay a fee and then have people evaluate the application when they do not have experience with military justice and the uniqueness of it. When the person then receives the pardon they take it back to the military and it is sent up their chain of command in order to have all the information pertaining removed from their Conduct Sheet and personnel file.
It only seems fair that the military justice system have a mechanism for granting pardons that is internal, and not borrowing from the criminal justice system which is completely separate and external.
If you go on the National Parole Board website, the first sentence you read says the Parole Board of a Canada is part of the criminal justice system. The member was not found guilty of an offence in the criminal justice system, was not tried in the criminal justice system and therefore should not have to apply to the criminal justice system to receive a pardon for that offence.
Issue has already been sent the issue to the Military Ombudsman’s Office for review and their investigator brought it to their legal team who agreed with this standpoint. However, as it deals with military law and policy, they don’t have jurisdiction over the matter.
An active member of the Canadian Forces was charged under Section 129 of the National Defence Act (NDA) for falling asleep while on duty in Afghanistan. The member was found responsible through a military summary trial by a CF military officer and was given a fine of $750 dollars.
As of November 2016 member will be eligible to apply for a pardon from the Parole Board of Canada as there is no mechanism within the military justice system for them to apply for a pardon.
The problem is this, if they were found responsible for a military offence through the military justice system (not the criminal justice system) under the National Defence Act, was given a military summary trial conducted by a military officer, on a military base, than they should not have to apply to the “criminal justice system” (Parole Board of Canada) in order to receive a pardon.
The military justice system has asserted itself in saying that it is separate and necessarily so in order to enforce discipline. This has also been backed up by the Supreme Court of Canada in fairly recent rulings. If the military justice system is truly separate than a mechanism to grant pardons should exist within the military justice system. As it stands anyone who wants to apply for a pardon must apply to an external board (Parole Board of Canada), pay a fee and then have people evaluate the application when they do not have experience with military justice and the uniqueness of it. When the person then receives the pardon they take it back to the military and it is sent up their chain of command in order to have all the information pertaining removed from their Conduct Sheet and personnel file.
It only seems fair that the military justice system have a mechanism for granting pardons that is internal, and not borrowing from the criminal justice system which is completely separate and external.
If you go on the National Parole Board website, the first sentence you read says the Parole Board of a Canada is part of the criminal justice system. The member was not found guilty of an offence in the criminal justice system, was not tried in the criminal justice system and therefore should not have to apply to the criminal justice system to receive a pardon for that offence.
Issue has already been sent the issue to the Military Ombudsman’s Office for review and their investigator brought it to their legal team who agreed with this standpoint. However, as it deals with military law and policy, they don’t have jurisdiction over the matter.