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Investigation Services


Chairman
The Right Honourable Brian Dickson, P.C., C.C., C.D.

Members
Lieutenant-General Charles H. Belzile, C.M.M., C.D. (Retired)
Mr. J.W. Bud Bird
The Honourable M. Douglas Young, P.C., M.P.
Minister of National Defence and Veterans Affairs

March 25, 1997


Table of Contents

Foreword
I - Introduction
Chapter 1: The Special Advisory Group
  1. The Mandate
  2. The Process
  3. The Report
Chapter 2: Overview of Military Justice
  1. Purpose of Military Justice
  2. Importance of the Chain of Command
  3. Military Justice and the Impact of the Charter
  4. Military Justice in Time of Conflict or Peace, in Canada or Abroad
  5. Investigation of Service Offences: One Role for the Military Police
  6. Types of Hearings
  7. Importance and Scope of the Code of Service Discipline
    1. Persons Subject to the Code of Service Discipline
    2. Types of Service Offences
  8. Proposed Reforms
  9. Main Themes
II - Institutional Framework
Chapter 3: The Judge Advocate General
  1. Organizational Structure
    1. Historical Background
    2. Current Situation
      1. The Judge Advocate General
      2. Office of the JAG
      3. JAG's Various Roles
  2. Proposed Reforms for the JAG
  3. Organizational Changes
    1. Military Defence Counsel Services
    2. Establishment of an Independent Prosecutor
Chapter 4: The Military Police
  1. Organizational Structure
    1. Historical Background
    2. Current Situation: The Issue of Command and Control
    3. Proposed Role of DG SAMP
  2. Training of Military Police
Chapter 5: Investigation of Services Offences
  1. Introduction
  2. Criminal Investigations in the Civilian Justice System
    1. Investigative Process
    2. Independence of the Investigation
  3. Investigations in the Military Justice System
    1. Investigative Process
    2. Independence of the Investigation
    3. Communications
  4. Laying and Dismissing a Charge
  5. A Specialized Investigation Service

III - Service Tribunals
Chapter 6: Summary Trials
  1. Introduction
  2. Current Process
  3. Impact of the Charter on Summary Trials
  4. Proposed Reforms
    1. Jurisdiction
    2. Powers of Punishment
      1. Detention
      2. Reduction in Rank
      3. Fine
      4. Confinement to Ship or Barracks
    3. Officer Training
    4. Assistance to the Accused
    5. Impartiality of the Officer Presiding at a Summary Trial
    6. Record of Summary Trial Proceedings

Chapter 7: Courts Martial

  1. Introduction
  2. Types of Court Martial
    1. General Court Martial
    2. Disciplinary Court Martial
    3. Standing Court Martial
    4. Special General Court Martial
  3. Impact of the Charter on Courts Martial
  4. Power of Sentencing
  5. Membership of Court Martial Panels
  6. Scale of Punishments
Chapter 8: Limitation Periods for Service Offences
IV - Review Process
Chapter 9: The Appeal Process
  1. Summary Trials
  2. Court Martial Appeals
Chapter 10: Oversight and Review
V: Conclusion
Afterword
List of Recommendations
Annexes
  1. Ministerial Direction
  2. Special Advisory Group on Military Justice and Military Police Investigation Services - Chairman, Members and Staff
  3. Technical Briefings
  4. List of Witnesses
  5. Written Submissions
  6. Legal Opinion on Charter Impact on Summary Trials
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