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National Defence committee Certainly the bill is set out to provide the required stability to make the system work. Any legislation that's passed would be subject to challenge at court martial. It happens every day in our courts martial. Our defence counsel will raise objections if they see them, put them
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee —that's not unique or problematic overall, depending upon how—
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee Well, of course I can't comment on the appeal and what the courts might ultimately say.
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee The amendments are not intended to be a temporary measure, I guess is the way to put it. And of course, what we're confronted with is that the Court Martial Appeal Court in Trépanier clearly said that the constitutional provisions were of no force and effect. From a policy pe
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee The issues were raised primarily to the question of full answer and defence by an accused person. The military justice system is constitutionally recognized in paragraph 11(f) of the charter. That provision sets out the right to a jury trial in the civilian justice system, set to
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee The military justice system does exist under a system of review. In Bill C-25, obviously there was a requirement for a review every five years, and that resulted in the recommendations by Chief Justice Lamer. I also review annually the military justice system and report to the mi
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee I'd be happy to do that, and thank you for the opportunity to clarify that issue. I'm taking reference in the decision to four and a half years to refer to the 2003 Chief Justice Lamer independent review that was statutorily required from Bill C-25 in 1999. First, I think it is
June 16th, 2008Committee meeting
BGen Kenneth W. Watkin
National Defence committee Thank you, Mr. Chairman and members of the committee. Good afternoon. Bonjour. I would like to start by thanking you for the opportunity to appear before the committee today. As judge advocate general, I have the statutory responsibility for the superintendence of the administra
June 16th, 2008Committee meeting
Brigadier-General Kenneth W. Watkin
Foreign Affairs committee Sir, there were two parts to your question that struck me. One is the question of the human rights reports. I'd like to note that ISAF consists of 37 nations, 30,000 personnel, and the ISAF policy is to hand over to the Afghan society. So clearly there are challenges in the human
April 25th, 2007Committee meeting
BGen Ken Watkin
Foreign Affairs committee Thank you very much, Madam McDonough, for the compliment at the beginning. I have written a bit on international--
April 25th, 2007Committee meeting
Brigadier-General Ken Watkin
Foreign Affairs committee --humanitarian law and human rights law. I have not written about the arrangement, so I may have just misunderstood the way you phrased the question. This is a very complex environment, and there is much that you've put forward that I want to clarify in terms of the issue of p
April 25th, 2007Committee meeting
BGen Ken Watkin