OTTAWA – The federal government has accepted “in its entirety” the appeal of retired Supreme Court Judge Louise Arbor to transfer all criminal cases involving allegations of sexual misconduct in the military to civilian authorities Defense Minister Anita Anand said Thursday.
The surprise announcement came shortly after The Canadian Press revealed Arbor’s recommendation, which the former judge and United Nations High Commissioner for Human Rights made last month in a letter to the Anand’s predecessor, Harjit Sajjan.
The Liberal government called on Arbor in April to conduct a year-long review of sexual misconduct in the Canadian Armed Forces and find ways to address it. His appointment follows months of allegations of sexual misconduct involving some of the military’s top officers.
“I have fully accepted Madame Arbor’s recommendations to transfer the investigation and prosecution of cases of sexual misconduct to the civilian system,” Anand wrote on Twitter, where she also posted a copy of the letter from Arbor in Sajjan from October 20.
“The Canadian Armed Forces are working with federal, provincial and territorial partners to implement these interim recommendations.
Arbor is in fact the second retired Supreme Court justice to ask the military to hand over criminal cases involving sexual misconduct to civilian authorities in recent months.
Following a comprehensive review of the military justice system, Morris Fish said in June that the investigation and prosecution of sexual assault should be temporarily withdrawn from military hands until a bill of rights of the victims is implemented.
The government and military said at the time that they accepted the recommendation in principle, but further study was needed.
In her letter, Arbor wrote that she had heard concerns about Fish’s recommendation, including concerns that civilian authorities did not know enough about the military and that cases could be delayed and result in lesser sentences. for the authors.
While Arbor does not identify who made the comments, they echo past statements by military officials.
“On the other hand, during my review I heard significant skepticism from stakeholders, and especially survivors, regarding the independence and competence of the CFNIS (and military police). Arbor writes.
The Canadian Forces National Investigation Service is responsible for investigating serious crimes committed in the military.
Arbor also says that while secrecy at the start of a police investigation may be necessary, “in the current climate, it serves to heighten suspicion about the CAF’s ability to control itself,” and raises questions when officers under investigation are promoted.
“In light of the above, I believe there is a need to establish a process that will facilitate the handling of allegations of sexual offenses in an independent and transparent manner outside the CAF.
Arbor’s appeal – and Anand’s pledge to act – follows months of allegations of sexual misconduct involving some of the military’s top-ranking officers, which forced an unprecedented reckoning in how these cases are handled.
This report by The Canadian Press was first published on November 4, 2021.
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