Military Justice at the Unit Level (MJUL) - Version 2.0

In mid-April 2024, the Office of the Judge Advocate General (OJAG) of the Canadian Forces (CF) published a new version of the manual for the Military Justice at the Unit Level (MJUL): Military Justice at the Unit Level Policy 2.0.

This is a significant development in light of the shortcomings of the first volume.

There are shortcomings with the MJUL generally, and some of these shortcomings are inherent in the legislative structure of the MJUL and the principles upon which it is based.  But those problems cannot be corrected by a revised policy manual.

What the policy manual can do - or, more accurately, what can be accomplished through an improved policy manual - is an improvement on the direction offered to the Officers Conducting Summary Hearings (OCSH) under this summary justice regime.

The Canadian Forces Provost Marshal (CFPM) Resists Oversight

On Friday 3 May 2024, Murray Brewster of the CBC published an online report commenting on the recent Annual Report from the Military Police Complaints Commission (MPCC).  The Chair of the MPCC, Tammy Tremblay, a retired Lieutenant-Colonel and Legal Officer from the Office of the JAG, was appointed Chair of the MPCC in January 2023.  This is her first annual report, and a summary and links to the online PDF version of the report may be found here: MPCC Annual Report for 2023.

Murray Brewster's reporting, entitled "Watchdog agency accuses chief of military police of blocking investigations", discussed the criticism in the MPCC report that was tabled before Parliament last week.  In particular, Mr. Brewster reported:

Tremblay described the situation as unacceptable and called it "an erosion of the MPCC's ability to exercise civilian oversight of the military police."

"The CFPM has, at times, refused to disclose information to which the MPCC is legally entitled and that it requires to fulfill its legislative mandate," Tremblay wrote in the annual report.

She called on the federal government to amend the National Defence Act to compel disclosure.

"Independent oversight of law enforcement is crucial to police legitimacy and effectiveness; one cannot exist without the other," Tremblay wrote.

Her scathing assessment comes as the House of Commons defence committee reviews transparency at the Department of National Defence.

[As an aside, it is common for news agencies to describe the MPCC as the 'Military Police Watchdog', a term that, while certainly evocative, tends to overly-dramatize the nature and function of the MPCC.]

Misinformation

Qamar Bashir

Consider the following, from this op-ed by a writer who previously served as press secretary to the President of Pakistan:

Interestingly, the abuse and condemnation of the army on social media platforms are not unique to Pakistan. For example, in countries like the United States, United Kingdom, India, and others, the military has been subjected to criticism and abuse on social media on account of political differences, human rights concerns, and accountability issues. These countries have also implemented various remedial actions.

. . . [T]he Uniform Code of Military Justice (UCMJ) includes provisions that address disrespectful behavior towards the military.

Mr. Bashir seems to be under the impression that the UCMJ applies to civilians. Even as to military personnel, he's wrong. Next time, do read the statute.

Hafetz & Fidell on a certain court-martial

Prof. Jonathan Hafetz's latest Law on Film Apple podcast offers a conversation with the Editor about the recent remake of The Caine Mutiny Court-Martial. You can find it here. The show notes explain:

"The Caine Mutiny (1954) is based on Herman Wouk’s bestselling Pulitzer Prize winning novel of the same name. The film, directed by Edward Dmytryk and produced by Stanley Kramer, portrays the fictitious events on board the U.S.S. Caine, a Navy destroyer-minesweeper in the Pacific during World War II. Executive officer, Lt. Stephen Maryk (Van Johnson), relieves the seemingly unstable Lt. Commander Philip Francis Queeg, Captain of the USS Caine, of his command after Queeg (Humphrey Bogart) endangers the ship and its crew during a cyclone. The ship returns to the U.S. and Maryk is court-martialed for mutiny. He is represented by Navy lawyer, Lt. Barney Greenwald (José Ferrer), who despite disapproving of Maryk’s actions, believes Maryk was misled by the ship’s communications officer, Lt. Tom Keefer (Fred MacMurray), into believing Queeg was mentally unfit for command. Maryk is acquitted after Greenwald effectively places Queeg on trial by his exposing Queeg’s erratic and paranoid behavior. The Caine Mutiny Court-Martial (2023), directed by the late William Friedkin, is based on Wouk’s adaption of his own 1951 novel for the stage. In contrast to the 1954 film, The Caine Mutiny Court-Martial covers only the court-martial. The cast includes Jake Lacy as Maryk, Jason Clarke as defense attorney Greenwald, Monica Raymund as prosecutor Lt. Commander Katherine Challee, the late Lance Reddick as the presiding judge Captain Luther Blakley, and Kiefer Sutherland in a phenomenal performance as Queeg. The films are not only gripping courtroom dramas, but also explore larger themes around military justice, ethics, and morality.  With me to discuss these films is Eugene (Gene) Fidell, a visiting Lecturer in Law at Yale Law School and co-founder of the National Institute of Military Justice."

Two errata: the Editor mistakenly referred to a mutiny aboard HMS Tyger, but should have referred to HMS Wager. The unfortunate accused in the USS Somers mutiny was Midshipman Philip Spencer, not Sinclair.

Army training Sir!*

**Borneo Post (online) reports that:

The case involving a senior army officer who allegedly abused an army personnel last month has been referred to the Attorney General’s (AG) Office, said Sarawak Police Commissioner Datuk Mancha Ata. . . .

In the post, the victim claimed that he was slapped on the left side of his face and kicked in the abdominal area by the senior officer, who is based in Sarawak.

The army statement said the incident may have happened during a training exercise.

For comparison, here is a link to a Marine Corps case just decided by the Navy-Marine Corps Court of Criminal Appeals--United States v. Kukharau.

* Excuse the reference to "Stripes."

** Borneo has several different flags, the one displayed is for Sarawak.