The Rules of Practice and Procedure of the Chief Military Judge, mark a change towards improving the judicial independence and efficiency of military courts in Canada. These proposed regulations derive their authority from the National Defence Act, specifically section 165.3, established by Bill C-15 in June 2013. These proposed rules aimed to strengthen military justice and empowered the Chief Military Judge to create enforceable rules governing military court proceedings. The proposed rules seek to replace outdated administrative rules.

The current rules of practice have been criticized for their lack of legal enforceability and the requirement for military judges to negotiate procedural rules with counsel appearing before them. This situation has led to inconsistencies in military trials and potential biases. A 2003 report by former Chief Justice Lamer highlighted that these rules functioned more like voluntary agreements than enforceable standards, undermining judicial independence. More recent reviews, including one by Justice Morris J. Fish in 2021, emphasized the urgency of formalizing rules to ensure fairness and integrity within the military justice system.

The proposed Rules of Practice and Procedure aim improve the overall administration of military justice, reduce procedural delays in military trials, and clarify practices across court martial proceedings. These rules will apply to all proceedings under the National Defence Act presided over by military judges, with several notable features. Standardized methods for document service—such as personal service, registered mail, fax, or email—will align military procedures with those used in civilian courts.

Additionally, coordinating and pre-trial conferences will be conducted by the assigned military judge to facilitate trial scheduling and address pre-trial issues that may affect trial duration. The rules will clarify the process for requesting interpreter services under the Official Languages Act, ensuring accessibility for all parties involved. Standardized forms will be introduced for applications, such as requests to exclude the public from proceedings, promoting uniformity in submissions. Written notice will be required for any changes in prosecution, improving communication and transparency. The rules will also mandate specific notification requirements when counsel for the accused withdraws, ensuring that all parties are informed. Furthermore, provisions will be made for public requests for access to court-related documents and exhibits, thereby seeking to improve transparency and accountability.

By addressing the deficiencies of current administrative rules and providing a clear regulatory framework, these changes are designed to promote consistency, fairness, and judicial independence in military court proceedings. The emphasis on enforceability and clarity aims to reduce procedural delays and improve the overall integrity of military justice.

Canada (Proposed) April 27, 2024