Wednesday, February 08, 2012

Library of Parliament Legislative Summary of the Security of Tenure of Military Judges Act

The Library of Parliament has recently published its legislative summary of Bill C-16: An Act to amend the National Defence Act (military judges). The short title of the bill is the Security of Tenure of Military Judges Act:

"Prior to the passage of Bill C-16, military judges were appointed by the Governor in Council with security of tenure for a term of five years. Military judges could be removed during their tenure only by the Governor in Council on the recommendation of an Inquiry Committee created under the National Defence Act. Terms were renewable on the recommendation of a Renewal Committee until judges reached the age of retirement set out in articles 101.15, 101.16 and 101.17 of the Queen’s Regulations and Orders for the Canadian Forces (QR&Os). In making a recommendation regarding reappointment, the Renewal Committee was prohibited from considering a judge’s record of judicial decisions."

"On 2 June 2011, in the case of R. v. Leblanc, the Court Martial Appeal Court declared sections 165.21(2) to 165.21(4) of the National Defence Act and articles 101.15, 101.16 and 101.17 of the QR&Os to be invalid and of no force and effect. The Court suspended the declaration of invalidity for six months to give Parliament an opportunity to amend the legislation."

"Bill C-16 responds to the Leblanc decision, and aims to remove any impression of outside influence on the decisions of military judges. The bill provides security of tenure for military judges until a fixed age of 60 years, subject only to removal for cause on the recommendation of an Inquiry Committee. The bill repeals current provisions of the National Defence Act relating to the tenure and reappointment of military judges..."
The bill received Royal Assent on November 29, 2011 and is now chapter 22 of the Statutes of Canada, 2011.

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posted by Michel-Adrien at 7:34 pm

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