Top court to weigh independence of military judges
The Supreme Court has agreed to wade into a landmark legal battle over whether Canada’s military judges, who are responsible for overseeing dozens of courts martial every year, are truly independent.
That included the four judges ruling in several cases – since put on hold – that they were not independent because Vance had issued an order placing responsibility for their discipline under another senior officer. Col. Dylan Kerr, the director of military prosecutions, who had been fighting to have the case thrown out, said he remains unchanged in his belief that the Court Martial Appeal Court made the right decision nearly two years ago.
Drapeau, who is now a civilian lawyer specializing in military cases, noted that the government has faced calls to “civilianize” military judges for years. The recommendation was included in a report to Parliament written by retired Supreme Court judge Morris Fish in 2021.
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