Thank you.
In reality, independence and the perception of independence are crucial for a legitimate military justice system. We take this matter very seriously.
The independent role of both the director of military prosecutions and the director of defence counsel services is provided for in the National Defence Act. The reporting relationship, or the general supervision that is exercised by the judge advocate general, has been provided by Parliament to the judge advocate general vis-à-vis those two actors.
In practice, on a day-to-day basis, I am exceedingly mindful of the independence of these two actors. In my strategic policy direction for the next three years, I have issued an obligation for all members of the office of the judge advocate general to assist me in the superintendence of the military justice system, in full respect of the independence of these actors.
As we're speaking, we have also completed a complete policy review of all the JAG policies as they pertain to the director of military prosecutions and the director of defence counsel services. We did that in consultation with these two directors, and we found no issues related to independence as far as these policies were concerned. The next thing we are doing currently is to continue to consult with the two directors to see what better practice we could develop to ensure not only factual independence but also the very important perception of independence.
One of the practices I've put in place this year for the reporting period is that, for the first time ever, I told the director of defence counsel services and the director of military prosecutions that they are responsible for their own personnel evaluation. I will have absolutely no role to play in this. They will evaluate them and send them directly to the centre for the selection for promotion.
I've also agreed with the director of military prosecutions' suggestion that he engage directly with the Minister of National Defence for matters that pertain to prosecution. He fully agreed with this. Where there could have been the perception before that the JAG had a role to play in that relationship, I am ensuring that, perception-wise, this is no longer the case.
When the director of military prosecutions and I discuss matters, they are strictly related to the administration of his office, the resourcing of his office, where cases might be pursuant to his determination. The National Defence Act provides for the fact that I could issue general or specific guidance in certain cases. This has never been the case. I have never issued such guidance. On the record, my predecessors who have always accomplished their duties to the very best of their abilities and very professionally have not issued such guidance. If I were to have issued such guidance, it would have to have been made public. I could issue general guidance for the director of defence counsel services. This has never been done. This would have to be made public.
Finally, these two independent actors have never brought issues of independence to the judge advocate general's attention, via their annual report mandated through the National Defence Act. They have never questioned whether in practice or in perception there was a concern in that regard. Because this is so crucial, because this goes to the heart of the legitimacy of that system, we are currently reviewing means and manners to interact that will reinforce the independence, not only factually but also the perception.
