National Defence committee  Absolutely.

National Defence committee  The more flexibility a sentencing body has in sentencing an individual, the more individual the sentencing will be. This is not only in terms of what was done; it's also in terms of the individual's own prior record—whether they have a conduct sheet, whether it's been their first

National Defence committee  It certainly brings it in line with the civilian system and with the way in which matters are heard in criminal courts.

National Defence committee  Certainly it's one more piece of evidence for the sentencing body, and absolutely they should have all the information necessary.

National Defence committee  Well, it mirrors the Criminal Code, so it sets out a list of statutorily mandated concerns that a CO would consider in imposing sentence. It leaves less to the individual whim of the individual CO. It provides guidance to the CO, much as it provides guidance to judges. In parti

National Defence committee  Certainly there's a manual. Assisting officers are given a manual, and I've read the manual. There is a legal officer who's available, but a suggestion to make the summary trial process more fair to the member might be that all non-serious charges also be referred to legal counse

National Defence committee  Perhaps I'm not looking at the right section. The appointment of a provost marshal is, as I understand it, the equivalent of the appointment of a police chief.

National Defence committee  From the Criminal Lawyers' Association perspective, the necessity is for the judicial officer to be independent and impartial, not necessarily for the police to be independent and impartial. The ultimate arbiter of whether or not an investigation has been fair and complete is the

National Defence committee  I'm sorry to interrupt, but section 196.29 of the National Defence Act is the starting point.

National Defence committee  My husband, who is ex-military--a retired major--tells me that when soldiers sign up, they sign up for just that thing. Whether or not someone is deprived to their room for punishment or deprived to their room because their course officer has deprived them of their liberty, they

National Defence committee  The military prison.

National Defence committee  The analogy that I draw, to answer your question in respect of summary trials, is disciplinary court for federal inmates serving time in penitentiary. Inmates in federal penitentiary are a different category: there is a need for speedy, expeditious discipline, and there are few

National Defence committee  I don't disagree. The question and the real difficulty is the definition of a criminal record. From the National Defence Act, the Criminal Records Act, the Identification of Criminals Act, and the Criminal Code of Canada, there's no understanding as to if or how the findings of g

National Defence committee  It is. However, before I came to speak with you, I consulted with a serving member of the Canadian Forces who works in the JAG office with Defence Council Services. I also consulted with two retired majors, both of whom had acted as adjutants for their units. In that capacity, th

National Defence committee  With regard only of the summary trial process--not the court martial process, which appears to have factored in such things as being a court of record, having a route of appeal and right to counsel, providing counsel for the members if they wish it, and having a lawyer as the pre