National Defence committee  Mr. Chair, members of the committee, I would like to thank you for your invitation to join you today to discuss the proposed amendments to the National Defence Act. I am honoured to appear, and I hope my remarks are worthy of your consideration. My name is Jean-Marie Dugas, and

National Defence committee  I'm not certain if I understand your question when you are talking about the JAG. Are we talking about the judges?

National Defence committee  I'm not certain if I understood in here that the CDS would issue instructions on specifically what relates to court martial. When I read that, in my sense it was more to the administrative side of the house, where the judges would not be involved. When it refers to some issues w

National Defence committee  I'd say there were two separate reviews made both for the prosecution and the defence where they identified some issues. It might have also been at the time when the system was new and it was a lack of experience on both sides. Sometimes people will come into positions where they

National Defence committee  In the Queen's Regulations and Orders, rather than the National Defence Act. I believe it relates to procedures that should be followed by every entity that lays charges or is made aware of the charge, rather than under the NDA. I don't believe the problem was because of the NDA

National Defence committee  We're talking about the panel on the court martial?

National Defence committee  I believe it goes without saying that you need to have some knowledge, but as we do with civilian juries.... For example, if there are medical issues, you'll make sure that there will be no medical doctor on the panel, just because they have to be informed and all the evidence ha

National Defence committee  I held the position for seven years.

National Defence committee  In fact, I wrapped up a court martial case in August. I used up leave that I had accumulated until December 8, which was my official retirement date.

National Defence committee  In 2003, as a matter of fact.

National Defence committee  Yes, but to be honest, there is a difference here. The director of Defence Counsel Services has the power to hire counsel as needed, which in fact our office did on several occasions. For nearly four years, if not up until the fifth year, we tried to get across the idea that ther

National Defence committee  Let me share with you my personal experience. Since 1998, both offices have operated independently, but prior to that time, counsel worked for the prosecution as well as for the defence. There are certain differences today. However, to say that the prosecution has a tougher job,

National Defence committee  They were for internal use. I really cannot say if they were made public or not.

National Defence committee  I don't have them with me, but if the JAG wants to table them—

National Defence committee  Studies are conducted to assess needs. One study was done on the office of the director of military prosecutions and another on the office of the director of defence counsel services.