- Reaction score
SeaKingTacco said:And if a member of the CAF sexually assaults someone while on deployment in a foreign country- then what?
If a “civilian court” is to handle the matter, you now only have two choices:
A) the member walks, as the Canadian courts have no jurisdiction (generally) on crimes committed Outside Canada; or
B) you turn the member over to the local constabulary/justice system. How would you like to face a charge of rape in, say, Afghanistan, in the Afghani legal system? Like your chances for a fair trial? You could also face the death penalty in many places around the world...
This is why we have a system of military justice, separate, but parallel to the civilian system in Canada. Our needs are different and we need to maintain good order and discipline on a world-wide basis.
When OUTCAN and in a theatre of operations, because things are different, then I'd say the CM would have special jurisdiction for any offence.
When back in Canada, crimes committed by service members should not be routinely handled as disciplinary matters. They should be handled as crimes by civilian courts and the service members should be treated no differently than anyone else in Canada for the same crime.
This distinction can be made.