U.S. ooops, Canadian, courts-martial


It is essential that this parallel military justice system be seen as fair, just, [Constitution] compliant, and operating effectively, both at home and abroad. I note in passing that the civilian justice system also provides for extraterritorial jurisdiction in several contexts. However, unlike the civilian justice system, the extra-territorial reach of the parallel military justice system is essential to its daily operations: persons subject to the CSD are regularly required to serve abroad and complete overseas assignments or training exercises in international or foreign territories.

This parallel system of military justice is not a fossilized system of law. It is subject to the [Constitution] and was subject to tremendous change and adaptation even before the Constitution’s enactment.

And now we diverge–back to Canada.

Military judges are appointed based upon merit by the Governor in Council and are required to have at least ten years of standing at the bar of a province prior to their appointment (s. 165.21 of the NDA), just as civilian judges (s. 3 of the Judges Act, R.S.C., 1985, c. J-1 [Judges Act]). Military judges have security of tenure until retirement, just as civilian judges (s. 165.21(4) of the NDA) (emphasis added).

Check out R. v. Dery, 2017 CMAC 2 (2017)(Canada).

It’s been a long time since United States v. Graf, 35 M.J. 450, 455 (C.M.A. 1992).

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