Re: Court martial

by **Lincoln** Fri 18 Jan 2019, 7:15 pm

CF-18 pilot faces court martial over alleged actions during training mission

DAVID PUGLIESE, OTTAWA CITIZEN January 18, 2019

Court martial - Page 2 Ag_fighters_20181120-e1542735979527

A CF-18 pilot will face a court martial on Monday after being charged with a number of offences related to a November 2016 training mission.

A court martial will be held for Capt. Christopher Mileusnic at CFB Cold Lake, Alta.

Here are the details of the charges as provided by the Canadian Forces:

FIRST CHARGE

Flew an aircraft at a height of less than the minimum height authorized in the circumstances, punishable under Section 109 of the National Defence Act.

Particulars: In that he, on 28 November 2016, at or near the Cold Lake Air Weapons Range, while acting as pilot of aircraft CF188731 and operating under Visual Flight Rules, flew at an altitude less than 1,000 feet above ground level, contrary to Table 1-1 of the Royal Canadian Air Force Fighter Force Training Rules dated 14 January 2014.

SECOND CHARGE

Negligently performed a military duty imposed on him, punishable under Section 124 of the National Defence Act.

Particulars: In that he, on 28 November 2016, at or near the Cold Lake Air Weapons Range, while acting as the formation lead and pilot of aircraft CF188731, performed an air-to-ground mission for which he was not trained for.

THIRD CHARGE

Negligently did an act in relation to a thing that may be dangerous to life, which act was likely to cause loss of life, punishable under Section 127 of the National Defence Act.

Particulars: In that he, on 28 November 2016, at or near the Cold Lake Air Weapons Range, while acting as the formation lead and pilot of aircraft CF188731, performed an air-to-ground mission for which he was not trained for.

The charges have not been proven in court.

Capt. Mileusnic will enter a plea on Monday morning.

https://ottawacitizen.com/news/national/defence-watch/cf-18-pilot-faces-court-martial-over-alleged-actions-during-training-mission

by **Hammercore** Wed 23 Jan 2019, 8:59 am

January 23, 2019

CF-18 fighter pilot fined after pleading guilty to flying too low during Alberta mission

By Staff The Canadian Press

WATCH ABOVE: (From November 2016) The Canadian Forces identified Capt. Thomas McQueen as the pilot who died in a CF-18 crash Monday, near CFB Cold Lake, Alta. Engaged to be married, the Ontario native was set for a promotion after 10 years in the cockpit. Reid Fiest reports.

A fighter pilot has been fined $2,000 after pleading guilty at a court martial to flying his CF-18 jet too low during a training mission in which his wingman died in a crash.

Capt. Christopher Mileusnic was the leader of a two-aircraft formation on Nov. 28, 2016, that was practising dropping bombs on targets near the Cold Lake weapons range in northeastern Alberta.

The rules for the low altitude mission required that the aircraft have a working heads-up-display — a device that shows flight information that the pilot can read by looking forward at the canopy.

According to the agreed statement of facts, the pilots were under pressure to drop all of their bombs before returning to base.

Mileusnic’s heads-up-display was flickering, not showing consistent altitude information as required by flight rules.

Despite the problem he continued making bomb runs with his wingman, Capt. Thomas McQueen.

“During the last target run, Capt. McQueen flew the target run-in at 450 feet AGL with Capt. Mileusnic in a three-mile trail position. While conducting the safe escape manoeuvre, Capt. McQueen inadvertently flew into terrain and died instantly,” reads the statement of facts.

“The actions of Capt. Mileusnic during the Swift flight are in no way alleged to have contributed to the crash and death of Capt. McQueen.”

At Monday’s court martial, Mileusnic pleaded guilty to flying an aircraft at a height less than the minimum height authorized in the circumstances.

He was also charged with negligently performing a military duty imposed on him and negligently committing an act deemed dangerous to life.

A military spokesman said the prosecutor decided not to proceed with the other charges following the guilty plea on the first charge.

The court martial judge then accepted a joint submission by the prosecutor and defence and sentenced Mileusnic to the fine.

An accident report released last April into the fatal crash suggested that McQueen was distracted and trying to see where a practice bomb had landed just before his CF-18 hit the ground.

The report said flight rules have since been changed to raise the acceptable altitude for such training to more than 300 metres and to underline safety standards for low flying.

“The low-level environment is an inherently hazardous and unforgiving region where only a few seconds of distraction can mean the difference between life and death,” the report said.

A military publication says Mileusnic is an experienced pilot who has taken part in missions intercepting Russian Bear aircraft over the Arctic. He also once served with the Royal Air Force.

https://globalnews.ca/news/4877212/fighter-pilot-fined-cold-lake-air-force/

by Terrarium Fri 25 Jan 2019, 2:29 pm

Top military judge to face court martial overseen by deputy this summer

The Canadian Press
Published Friday, January 25, 2019 1:09PM EST
OTTAWA - Canada's chief military judge is set to be tried in a court martial this spring that will be overseen by his own deputy.

Col. Mario Dutil was charged last year in relation to allegations that he engaged in a consensual but inappropriate relationship with a subordinate and knowingly signed a travel claim containing false information.

The eight charges against him include two counts of fraud and four related to conduct or neglect to the prejudice of good order and discipline. None of the charges has been tested in court.

Given the unprecedented nature of the case, it hasn't been clear how it would proceed, including whether one of the three other military judges Dutil oversees would end up hearing the case against him.

Military spokesman Maj. Doug Keirstead confirmed deputy chief military judge Lt.-Col. Louis-Vincent d'Auteuil has been tapped to preside over the court martial, with pre-trial motions starting in April before the formal trial in early June.

A special prosecutor was called in last year to review the military-police investigation and decide whether to recommend charges to ensure that there was no perception of bias.

https://www.ctvnews.ca/canada/top-military-judge-to-face-court-martial-overseen-by-deputy-this-summer-1.4269278

by Delta Thu 21 Feb 2019, 9:24 pm

Sailor fined in cocaine-use court martial

Feb 21, 2019

https://www.thechronicleherald.ca/news/local/sailor-fined-in-cocaine-use-court-martial-286491/

by **SniperGod** Mon 08 Apr 2019, 1:49 pm

Top military judge to face court martial overseen by deputy this summer

By Milbank News Writer - April 8, 2019

OTTAWA — The Canadian Forces‘ top judge is set to be tried in a court martial this spring that will be overseen by his own deputy, in a case that is shaping up as a test for the military‘s judicial system.

Chief military judge Col. Mario Dutil was charged last year over allegations that he had a consensual but inappropriate relationship with a subordinate and knowingly signed a travel claim containing false information. A charge sheet indicates that the claim was for $927.60.

He is facing two counts of fraud, one of wilfully making a false entry in an official document, a separate one of wilfully making a false statement in an official document, and four related to conduct or neglect to the prejudice of good order and discipline.

None of the charges has been tested in court.

It‘s believed Dutil is the first person to be charged while serving as the chief military judge and given the unprecedented nature of the case, it hasn‘t been clear how it would proceed — including whether one of the three other military judges he oversees would hear the case against him.

But military spokesman Maj. Doug Keirstead confirmed this week that deputy chief military judge Lt.-Col. Louis-Vincent d‘Auteuil has been tapped to preside over the court martial, with pre-trial motions starting in April before the formal trial in early June.

D‘Auteuil‘s appointment stands in contrast to the decision by the military‘s top prosecutor to appoint a special prosecutor last year to review the military-police investigation against Dutil and decide whether to recommend charges.

In a statement, director of military prosecutions Col. Bruce MacGregor noted his decision to appoint a special prosecutor but added he was "confident that the case will continue to move forward openly and fairly as the process unfolds."

Military police first started investigating Dutil in November 2015 after receiving a complaint that he had engaged in an inappropriate relationship with a subordinate.

The alleged relationship is believed to have lasted from November 2014 to October 2015 and was not permitted under military regulations.

It was during the course of their investigation into that relationship that military police uncovered evidence to suggest Dutil knowingly signed a travel claim containing false information in September 2015.

Only the federal cabinet can appoint or remove a chief military judge, and a military official confirmed that Dutil remains in his position but has not been hearing cases since he was charged last January.

This isn‘t the first time that Dutil, who took on his current role in 2006, has been accused of violating the military‘s rules on personal relationships.

But a special committee of three judges dismissed a complaint in April 2016 on the basis that the conduct it described did not have any impact on Dutil‘s work as a judge. Military police did not lay any charges.

Officials have not said whether the complaints relate to the same alleged relationship.

A conviction for committing an act of a fraudulent nature carries a maximum penalty of two years less a day in prison while wilfully making a false entry or statement in an official document carries a penalty of three years less a day.

The maximum penalty for prejudicing good order and discipline is dismissal from the military with disgrace.

https://milbankmonitor.com/top-military-judge-to-face-court-martial-overseen-by-deputy-this-summer/08/04/2019/

by Marshall Mon 10 Jun 2019, 6:46 pm

Court martial begins for military's top judge

The Canadian Press
Published Monday, June 10, 2019 2

https://www.ctvnews.ca/canada/court-martial-begins-for-military-s-top-judge-1.4460001

by Glideon Wed 12 Jun 2019, 6:57 pm

Prosecutor withdraws 4 of 8 charges against top military judge; defence seeks judge’s recusal at court martial

Wednesday, June 12, 2019 @ 12:24 PM | By Cristin Schmitz

The unprecedented court martial of Canada’s top military judge started with a bang this week as Chief Military Judge Mario Dutil sought the recusal of the presiding judge — a longtime colleague and friend — and the prosecution withdrew four of its eight charges against the 35-year veteran of the Canadian Armed Forces (CAF).

There was plenty of action in the first two days of the court martial — in which Col. Dutil is challenging the military’s ability to court martial him on charges, including fraud, all arising from the prosecution’s allegations that he willfully made a false $927.60 travel expense claim in 2015, and also violated military regulations in 2014-15 by secretly having a consensual personal relationship for around 10 months with an unnamed person under his command, to the prejudice of good order and discipline.

The accused’s pleas have yet to be entered because the defence’s preliminary recusal motion is still being argued. However, he is expected to plead not guilty to all the charges, if/when the court martial gets to the merits.

Whether or not the presiding judge, Deputy Chief Military Judge Louis-Vincent d’Auteuil, decides to recuse himself, the prosecution’s case against Chief Military Judge Dutil shrank considerably June 10. The independent prosecutor, Cimon Senécal, a Quebec provincial Crown and member of the CAF reserves, withdrew a charge that Chief Military Judge Dutil willfully made a false entry in an official document — i.e. a travel expense claim (count 1). The prosecution also withdrew charges that while Chief Military Judge Dutil was commander of the Office of the Chief Military Judge, from the fall of 2014 to Sept. 1, 2015, he failed to comply with: military rules (count 6); his duty to report to the chain of command a personal relationship with a subordinate (count 7); and his duty to end his command relationship with a subordinate with whom he had a personal relationship (count .

The court martial still has before it four charges that the chief judge signed a travel order/expense claim around Sept. 8, 2015, knowing it contained false information (count 2); defrauded the federal government of $927.60 and, in that regard, submitted a travel expense reimbursement claim to which he did not have a right (counts 3 and 4); and had a personal relationship with a person under his command, to the prejudice of the military’s good order and discipline (count 5).

The case is widely seen as a stress test for Canada’s military justice system. Notably, it raises the question whether the system will live up to the assurances of Judge Advocate General Geneviève Bernatchez, after charges were laid against Chief Military Judge Dutil in January 2018, that it has “the processes in place to deal with the current circumstances fairly, and in accordance with the law. I have every confidence that all actors of the military justice system will continue to perform their duties in a fair, independent and impartial manner.”

Her assertion is challenged by the defence, which argues in its recusal motion that a reasonable and well-informed Canadian, apprised of all the facts, would not believe that a military judge can sit in independent and impartial judgment of his superior officer, close colleague and longtime personal friend, and also do so while also independently and impartially weighing witness testimony from court staff and others the presiding judge knows personally and, in several cases, continues to work with.

The defence also argues that Deputy Chief Military Judge d’Auteuil — who assigned himself to hear the case — should recuse himself because he was a witness to facts and events in the case and has been subpoenaed to testify by the defence at the court martial he is now presiding over.

Lt.-Col. d’Auteuil has served under Chief Military Judge Dutil since he was appointed a military judge and the colonel was appointed chief judge two weeks later in 2006.

The defence is also arguing that the other three military judges (there are only five military judges in total) would also be unable to preside over the court martial, since they too have conflicts (Chief Military Judge Dutil isn’t hearing cases or assigning cases, but he still is exercising other authorities, including approving requests for vacation and training from d’Auteuil and the other puisne judges.)

At press time, the court martial was slated to resume hearing the recusal motion at noon on June 12.

After Deputy Chief Military Judge d’Auteuil rejected the prosecution’s pretrial argument that Chief Military Judge Dutil should be required to wear a military uniform in court (military judges often wear civilian clothes when not in court), and the presiding judge moved on to the recusal motion June 10, defence counsel Philippe-Luc Boutin of Dolbeau-Mistassini, Que., elicited dramatic testimony from Simone Morrissey, the court martial administrator in the Office of the Chief Military Judge, that the accused and the presiding judge were very close over the years.

Their relationship went beyond the professional to “a familial relationship in that they’re friends — very much friends — and they often used to do lunch together,” Morrissey testified. “They knew a lot about each other’s families and would assist each other with situations going on in their respective families,” she explained. “Judge Dutil was always there to support Judge d’Auteuil when situations were going on in his family, and vice versa. Judge d’Auteuil was always there when Judge Dutil could have benefited from some support — which he did receive.”

That was followed June 11 by Chief Military Judge Dutil entering the witness box himself, testifying that Judge d’Auteuil had been his confidant, and that they had spoken about, a judicial misconduct complaint about the alleged workplace affair that was lodged in 2015 by the then-chief of staff to Bernatchez’s predecessor as the JAG.

(That complaint from the JAG’s office, alleging infringement of the Defence Administrative Order and Directives 5019-1, Personal Relationships and Fraternization, was dismissed in 2016 by the judicial discipline committee of the Court Martial Appeal Court “on the basis that it did not raise any issue of judicial conduct as referred to in subsection 165.32(7) of the National Defence Act and therefore did not warrant consideration by the Military Judges Inquiry Committee.” The military subsequently referred the matter to the military police for investigation. Charges later ensued.)

In his written and oral submissions to the court martial, Boutin stressed that his client and the presiding judge have an ongoing relationship.

The former senior CAF lawyer suggested to reporters outside the military’s permanent courtroom in Gatineau, Que., June 10, that it should probably have been the prosecution arguing for the deputy chief military judge to recuse (the military argues the judge can and should hear the case).

“At the end of the day, in my view, any reasonable person would be aware of all the interrelationships going on within a small office of 15 or 20 people,” Boutin explained. “We’re not talking about a superior court with 200 judges. We only have a few.”

He said the defence alerted both the prosecution and the deputy chief military judge months ago that proceeding in the military justice system would “hit a wall” because of conflicts. “We raised the issue with regard to other judges because we know, and we have grounds to object to, the other judges as well,” he said.

Boutin said it’s up to prosecutors and the court to figure out what to do if the military’s judges are conflicted out of presiding. “The judge will have to determine what’s the fix and what’s next,” he said. “Regulations say that when a judge withdraws, the court adjourns until a new judge has been appointed.”

He confirmed that if the military opts to send the case now to a civilian court, as they could have done months before when charges were laid, there could be other stumbling blocks, including unconstitutional delay.

In Boutin’s view, the civilian courts can try the charges, including alleged breaches of the Code of Service Discipline, which is incorporated into the National Defence Act. However, civilian prosecutors could also opt not to proceed on any referred charges related to an alleged workplace affair.

Prosecutor Senécal defended the initial decision by his predecessor as independent prosecutor to proceed with a court martial. “We still believe that this decision was correct and … nothing has changed that we think” would change the situation, he told reporters outside the courtroom.

Senécal said prosecutors believe most of the charged offences are, in essence, military offences, and must therefore be judged by military judges. “From our point of view, according to our understanding of the present law, there is no possibility to [refer to an] external judge who is not a military judge to hear this case.”

“Basically the charges are military charges under the Code of Service Discipline, which are included in the National Defence Act, so they are military law and these charges can only be brought before the military justice system,” he explained. “There is no possibility to bring these charges before another forum. … That is why we are having the present argument [on recusal] and why we are continuing in this manner.”

He added that the prosecution did not think that it made sense to split the prosecution, by referring the fraud charge in respect of the expense claim to a civilian criminal court.

Senécal said he does not know what will happen to the charges if the judge recuses. There would be an argument on next steps, he explained. “It’s too early right now to say what will happen.”

Asked whether he worries that the military justice system will not appear independent in a trial involving two close colleagues, if not friends, Senécal replied he is confident that the military justice system can appropriately try military members. “I am confident that [for] a person who is subject to the Code of Service Discipline … the military justice system will find a way to ensure that this person faces the appropriate measures (translation),” he advised.

In the opinion of Ottawa military law lawyer Michel Drapeau, the Dutil court martial casts the military justice system in a “not pretty” light. “For the sake of appearance alone, [the case] should have been transferred to the civil courts,” he suggested, citing the Latin legal maxim that “no one is bound to perform an impossibility.”

Drapeau told The Lawyer’s Daily the case “lays bare” fundamental flaws he perceives in the military justice system, and supports his argument that judges presiding at courts martial should not be serving officers nor should they hold a military rank (which makes them subject to the Code of Service Discipline).

“Judges presiding at courts martial should be disciplined only by the Canadian Judicial Council,” he asserted. He also argued that a new military division should be created in the Federal Court, made up of civilian judges who preside over courts martial.

Drapeau agreed that if Deputy Chief Military Judge d’Auteuil recuses, the remaining military judges likely would be conflicted out too (one of them may be unable to conduct a French-language trial in any event.)

“The only alternative would be to have the governor-in-council name a reserve force judge, as provided for in s. 165.22 of the National Defence Act,” he suggested.

Drapeau predicts “chaos” in the case, going forward, calling it yet another reason, along with the latest auditor general’s report, for Parliament to conduct a comprehensive and in-depth review of the military justice system — a review that has also been called for by the Canadian Bar Association.

Drapeau has long argued that, as in the United Kingdom, the military judiciary should not be part of military.

The court martial is scheduled to go to the end of the month.

https://www.thelawyersdaily.ca/articles/12967

by Ironman Thu 11 Jul 2019, 9:19 pm

July 11, 2019

With Canada’s military justice system in limbo, cases are being dropped or reduced

https://globalnews.ca/news/5486206/canada-military-justice-system-supreme-court/

by Jackal Sun 14 Jul 2019, 9:00 pm

Court martial - Page 2 5d2a2b10023d1607e491e674jpeg

Cases dropped, charges lowered as court-martial system remains in limbo

Jul 13, 2019

https://rdnewsnow.com/2019/07/13/cases-dropped-charges-lowered-as-court-martial-system-remains-in-limbo/

by Ranger Fri 19 Jul 2019, 8:54 am

July 18, 2019

Prosecutors will try to force judge selection in stalled top military judge case

Colonel Mario Dutil returns to the courtroom after a break during his court martial at the Asticou Centre in Gatineau, Que., on June 10, 2019.

https://globalnews.ca/news/5656470/mario-dutil-military-judge-trial/

by Magnum Fri 26 Jul 2019, 8:48 am

Supreme Court of Canada to rule on military's no-juries justice system

The Canadian Press
Published Friday, July 26, 2019

https://www.ctvnews.ca/canada/supreme-court-of-canada-to-rule-on-military-s-no-juries-justice-system-1.4524543

by **Zoneforce** Fri 26 Jul 2019, 1:08 pm

Supreme Court of Canada says military's no-juries justice system constitutional

The Canadian Press
Published Friday, July 26, 2019

https://www.ctvnews.ca/canada/supreme-court-of-canada-says-military-s-no-juries-justice-system-constitutional-1.4524543

by Ranger Fri 26 Jul 2019, 5:51 pm

Court-martial minefield: Case against top military judge exposes fatal flaws

July 26, 2019

Court martial - Page 2 IMG_IMG_MilitaryLaw_Paul_1_1_U5L0G0T_L24802225_large

https://www.thechronicleherald.ca/opinion/local-perspectives/tim-dunne-court-martial-minefield-case-against-top-military-judge-exposes-fatal-flaws-337378/

by Wolverine Mon 29 Jul 2019, 4:48 pm

Military ‘members tried by members’ fosters morale, says SCC

BY Elizabeth Raymer / 29 Jul 2019

Friday’s decision “buoyed my view of the perception of the military justice system,” said Col. Bruce MacGregor, Director, Military Prosecutions for National Defence Canada, and counsel to the Crown in this case

https://www.canadianlawyermag.com/resources/legal-education/military-members-tried-by-members-fosters-morale-says-scc/277570

by Lonestar Fri 22 Nov 2019, 3:49 pm

Court martial - Page 2 19495889_web1_Cannabis-posession1

Canadian Forces member charged with possessing magic mushrooms in Comox

ASHLEY WADHWANI / Nov. 22, 2019

https://www.vicnews.com/news/canadian-forces-member-charged-with-possessing-magic-mushrooms-in-comox/

by Sponsored content