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CANFORGEN 097/19 JAG 001/19 041856Z JUL 19 IMMEDIATE CHANGES TO THE MILITARY JUSTICE SYSTEM UNCLASSIFIED

REFS: A.AN ACT TO AMEND THE NATIONAL DEFENCE ACT AND TO MAKE RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS (BILL C-77)

B.NDA SUBPARAGRAPH 203.3(A)(II)

C.NDA PARAGRAPHS 203.3(C),(C.1) AND (D)

D.NDA SUBSECTION 249.27(1)

THE PURPOSE OF THIS CANFORGEN IS TO ANNOUNCE ROYAL ASSENT OF THE ACT AT REF A AND THE RESULTING CHANGES TO THE MILITARY JUSTICE SYSTEM (MJS),SOME OF WHICH HAVE AN IMMEDIATE IMPACT ON SERVICE TRIBUNALS REF A RECEIVED ROYAL ASSENT ON 21 JUNE 2019 REF A AMENDS THE NATIONAL DEFENCE ACT (NDA) BY STRENGTHENING THE MJS AND ALIGNING IT WITH THE CIVILIAN CRIMINAL JUSTICE SYSTEM WHILE RESPECTING THE UNIQUE REQUIREMENTS OF THE MJS. REF A ADDS THE DECLARATION OF VICTIMS RIGHTS ENSHRINING FOR VICTIMS OF SERVICE OFFENCES THE RIGHT TO INFORMATION, PROTECTION, PARTICIPATION, AND RESTITUTION. REF A ALSO ADDS SENTENCING PRINCIPLES RELATED TO GENDER-IDENTITY AND EXPRESSION AND INDIGENOUS OFFENDERS CONSIDERATIONS AND IT REFORMS SUMMARY TRIALS INTO NON-PENAL AND NON- CRIMINAL SUMMARY HEARINGS. SOME AMENDMENTS CAME INTO FORCE ON ROYAL ASSENT AND THE REMAINDER WILL COME INTO FORCE AT A LATER DATE THE FOLLOWING AMENDMENTS TO THE NDA ARE NOW IN FORCE: EVIDENCE THAT A SERVICE OFFENCE WAS MOTIVATED BY BIAS, PREJUDICE OR HATE BASED ON GENDER IDENTITY OR EXPRESSION CONSTITUTES AN AGGRAVATING CIRCUMSTANCE THAT MUST BE TAKEN INTO CONSIDERATION WHEN A SENTENCE IS IMPOSED (REF B) PARTICULAR ATTENTION IS TO BE AFFORDED TO THE CIRCUMSTANCES OF INDIGENOUS OFFENDERS WHEN CONSIDERING THE APPROPRIATE PUNISHMENTS. THE PUNISHMENTS MUST BE REASONABLE IN THE CIRCUMSTANCES AND CONSISTENT WITH THE HARM DONE TO VICTIMS OR TO THE COMMUNITY (REF C) A PERSON CONVICTED OF CERTAIN SERVICE OFFENCES WILL NOT HAVE A CRIMINAL RECORD WHEN THE PERSON IS SENTENCED TO ONE OR MORE OF THE FOLLOWING PUNISHMENTS: SEVERE REPRIMAND, REPRIMAND, FINE NOT EXCEEDING BASIC PAY FOR ONE MONTH OR MINOR PUNISHMENT (REF D) THE REMAINING PROVISIONS WILL COME INTO FORCE AT A LATER DATE ALONG WITH RELATED PROVISIONS AMENDING THE QUEEN S REGULATIONS AND ORDERS FOR THE CANADIAN FORCES ALL CANADIAN ARMED FORCES MEMBERS QUALIFIED TO PRESIDE AT SUMMARY TRIALS ARE REQUIRED TO APPLY THESE NEW SENTENCING PRINCIPLES AND BE FAMILIAR WITH THE AMENDMENTS RELATED TO CRIMINAL RECORDS BEFORE PRESIDING AT SUMMARY TRIALS OFFICERS PRESIDING AT SUMMARY TRIALS WHO HAVE ANY QUESTIONS ABOUT THE PROVISIONS THAT HAVE COME INTO FORCE SHOULD CONTACT A LEGAL OFFICER.