Canadian military’s summary trial system is outdated and unfair, says lawyer

by Guest Fri 21 Jul 2017, 17:33

Canadian military’s summary trial system is outdated and unfair, says lawyer

DAVID PUGLIESE, OTTAWA CITIZEN

Published on: July 19, 2017 | Last Updated: July 19, 2017 1:43 AM EDT

Canadian military’s summary trial system is outdated and unfair, says lawyer $

Canadian military’s summary trial system is outdated and unfair, says lawyer $

Michel Drapeau, a retired colonel turned lawyer who specializes in military law, has recently written the following about the Canadian Forces summary trial system:

The summary trial system as it exists in the Canadian Forces is frozen in time. It has remained unchanged since its original formulation in England, 328 years ago.

Summary trials, as practiced in the Canadian military, have been abolished in other jurisdictions. Instead our allies have modernized their military judicial systems.

The summary trial system as practiced by Canada, however, is still used in Pakistan, Sri Lanka, India, Bangladesh and Nepal.

Over the last two years, there was, on average, 800 summary trials annually in the Canadian Forces; one of every 75 soldiers face a summary trial each year.

The conviction rate last year was 87 per cent.

The summary trial does the following:

– It strips the accused to the constitutional right to a fair trial.

– The accused has no right to legal counsel.

– The Officer who presides over the summary trial has no legal training.
– There are no rules of evidence.
– The accused can be sentenced to 30-day detention.
-The accused can be saddled with a criminal record.

-No other Canadian faces such a one-sided unfair penal justice process.

http://ottawacitizen.com/news/national/defence-watch/canadian-militarys-summary-trial-system-is-outdated-and-unfair-says-lawyer