Thank you, Madam Chair. I will keep my opening remarks brief.
Please allow me to begin by introducing myself. I am Rear-Admiral Geneviève Bernatchez, the judge advocate general of the Canadian Armed Forces. I am the legal adviser to the Governor General, the Minister of National Defence, the Department of National Defence, and the Canadian Armed Forces in matters relating to military law. I am also legislatively entrusted with the superintendence of the administration of military justice in the Canadian Armed Forces.
I wish to thank the Committee for inviting my colleagues and I to appear before you today. I have the pleasure of being accompanied by Colonel Rakesh Jetly, senior psychiatrist and mental health advisor for the Canadian Armed Forces, and Colonel Jill Wry, Deputy Judge Advocate General for Military Justice.
People are at the core of everything the defence team does. The health and well-being of Canadian Armed Forces members, including their mental health, are therefore a high priority for Defence. The care and support of our members are of paramount importance to the operational success of the Canadian Armed Forces, and the military justice system's purpose is to support the operational effectiveness of the Canadian Armed Forces.
Indeed, as the Supreme Court of Canada reminded us last year in its landmark decision in R. v. Stillman, “The military justice system is...designed to meet the unique needs of the military”. It does so through its very purpose, which is to assure the maintenance of discipline, efficiency and morale of the Canadian Armed Forces.
The military justice system therefore recognizes the importance of mental health and includes necessary safeguards to help protect individuals who suffer from a mental disorder. For example, an accused person must be fit to stand trial. An accused person cannot be dealt with by way of summary trial if they were suffering from a mental disorder at the time of the alleged offence. The defence of mental disorder is available. Also, all accused members have access, free of charge, to a defence counsel, including full representation at court martial.
Last year, the Supreme Court of Canada also confirmed the constitutional legitimacy of the military justice system and affirmed that it is “a full partner in administering justice alongside the civilian justice system.” This validation of the military justice system's constitutional legitimacy comes as a result of the system's continued growth and evolution. The military justice system is enhanced through regular and periodic legislative developments; policy initiatives; external reviews; independent reviews mandated under the National Defence Act, such as the one appointed by the Minister of National Defence on November 16 of this year; judicial decisions; and, importantly, continued parliamentary interest in its development.
Together, these key processes contribute to the continued responsible evolution of Canada’s military justice system. This evolution is important, necessary, and positive.
My team and I take the evolution of the military justice system very seriously to ensure that it continues to meet Canada’s legal and societal norms and can ultimately serve its purpose of maintaining the discipline, efficiency and morale in the Canadian Armed Forces.
I understand that Colonel Jetly has some opening words for you as well. I thank the members of the committee for inviting us to appear before you today to assist in its important study.