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Military police kept most files despite a 2021 government commitment to transfer them to civilian authorities. The practice continued until a new law takes effect in August.
winnipegfreepress.comCanadian military police retained 595 of 879 sexual offence cases opened since 2021 and referred only 284 investigations to civilian police, Cbc reported. The figures cover the period after the government said it would move such cases out of the military justice system on an interim basis.
Anita Anand, then defence minister, told the House of Commons in late 2021 that the government accepted retired Supreme Court justice Louise Arbour's recommendation for the transfer.
Anand later wrote to Arbour confirming that a referral process was being developed. Arbour had been hired to examine the military's handling of sexual misconduct allegations. Defence Minister David McGuinty's office said the government accepted the recommendation in full but issued no directive, citing respect for military independence.
Military judicial officials instead issued their own internal directive. -Gen. Vanessa Hanrahan, head of the military police, testified on June 8 that files were retained using a victim-centred approach and that victims' preferences were considered.
Data from the Canadian Forces Provost Marshal showed that 38 per cent of retained cases stayed with military police because of the victim's preference. Another 15 per cent involved victims who decided against any investigation. Additional retained files included cases nearing completion, allegations outside Canada, or files lacking an acceptable transfer process.
Of the 284 cases sent to civilian police, 69 were declined. Two military sexual assault cases transferred to civilian courts were later stayed in 2023 because of unreasonable delays, with judges noting military contributions to those delays. Effective June 15, military police stopped accepting new sexual assault or sexual offence complaints.
Col. Dylan Kerr, director of military prosecutions, had already directed prosecutors in 2021 to stop handling such cases except for 37 already underway. Bill C-11, which implements the permanent change, takes effect in mid-August and requires an external review after three years.
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