The Canadian Armed Forces (CAF) has attempted to transfer 62 cases of sexual misconduct to civilians since last fall, but half of them have been denied by law enforcement and referred to military authorities.
As of May 30, 49 of these files were new complaints: 22 were accepted and 27 were denied, Brigadier General Simon Trudeau said.
The other 13 transfer requests related to files currently in progress: nine were accepted and four were denied.
Transferring and referring cases raises a wide range of complex issueswritten by Simon Trudeau in a press release. Some agencies are reluctant to accept investigations for reasons that reflect the diversity of law enforcement contexts in Canada.
In an attempt to transfer these files to civilian police forces, the military wants to follow a previous interim recommendation by former Supreme Court Justice Louise Arbor, made last fall and accepted by Defense Minister Anita Anand in November. . He then demanded that sexual misconduct cases be dealt with in civil proceedings, and no longer through martial justice.
Ms Arbor reiterated that request in a formal recommendation on Monday, adding that this transfer of jurisdiction should be permanent. According to him, such a process will provide more fairness for the victims.
But the numbers given by FCC show that it is not very simple to implement the recommendations of the former judge and the success of this business does not depend solely on the military authorities.
A capability that has long been granted to civil authorities
Louise Arbor also discussed the issue at her press conference on Monday, saying she was surprised by police expressed in some cases reluctance to use a skill they already had.
Civilian police forces and prosecuting authorities now have jurisdiction to investigate sexual misconduct involving members of the FCChe said, adding that some police forces refused any file from the army.
It is important to emphasize the fact that the civil system has had this capability for a long time.explanation by Elaine Craig, a specialist in the laws surrounding sexual assault at Dalhousie University.
” For me, the civilian police forces that receive these files are doing their job and those who reject them have failed in their responsibilities and the victims. “
This is the same as for cases of disabled drivers, where both military and civilian authorities have jurisdiction, Ms. also described. Arbor. The Canadian Armed Forces is happy to leave civilians face it, he added.
In January, a group of BC mayors sent a letter to Prime Minister Justin Trudeau and Minister Anand warning them of that the civil justice system has already exceeded its capacity due to the COVID-19 pandemic. The Association of British Columbia Chiefs of Police has recommended that the provincial police services deny military records until the legal and procedural issues surrounding these transfers are resolved.
The Ontario Association of Chiefs of Police said its investigators would require military training and raised concerns about their ability to access military documents.
Finally, the Association of Quebec Police Directors said it could not accept military files without the approval of the Provincial Minister of Public Security, Geneviève Guilbault. However, it advised Quebec police forces to accept these files in February.
Royal Canadian Mounted Police volunteer
The Royal Canadian Mounted Police has been receiving military files since January, according to Minister Anand. Some local police services also receive some cases on an ad hoc basis. This is particularly the case for Winnipeg and Thunder Bay police services, according to Louise Arbor’s report.
We have made significant progress in transferring investigations to civilian police services.even launched Anita Anand in an email sent to CBC Thursday.
We have challenges in some jurisdictions. I will write about this with our provincial and territory partners going forward.
The minister further said he intends to create an intergovernmental body to manage the transfer of these files, but former judge Arbor thinks that should not be necessary.
” We’re talking about 30 cases a year across the country, seriously. “
Civil courts deal with about 2,300 cases of sexual misconduct a year, again according to Ms. Arbor.
Our goal is for civilian police forces to investigate all allegations of sexual misconduct by a CAF member over which they have jurisdiction.graduation of Brigadier General Simon Trudeau.
With information from Ashley Burke of CBC
Source: Radio-Canada
