Actually, if I may just take a moment to confer with my colleague, Colonel Dufour, who is a legislative drafter, I can get a much more authoritative answer for that.
I'm informed that it's a convention of the legislative drafters of the Department of Justice who actually do the drafting. Proposed subsection 165.21(3) uses “Le juge militaire”, and in subsequent paragraphs it is evidently the current drafting convention that one would use “Il”. Colonel Dufour informs me of that.
So it's not an oversight. It was a construction of the drafters.