Should past military probes be reviewed by civilians? Anand says it’s something to consider

In an interview with The West Block's Mercedes Stephenson, Anand said she is studying whether there needs to be an independent military watchdog that reports to Parliament.

Defence Minister Anita Anand says as part of the process of moving military sexual misconduct offences to the civilian justice system, officials will also have to look at whether past probes by the military police should be moved to civilians for a second look.

In an interview with The West Block‘s Mercedes Stephenson, Anand said she is studying whether there needs to be an independent military watchdog that reports directly to Parliament, as well as whether any previous military police sexual offence probes should be reviewed by civilian authorities.

“These are issues that we are … addressing in the process of implementing this bold move that we are making in terms of transferring cases from one system of justice to another,” she said when asked whether probes such as the one into Adm. Art McDonald should get a second look.

“Indeed, there are going to be a number of questions, such as the ones you raised just now, that we will have to take a look at in order to ensure that justice is served,” Anand continued.

“We have to make sure that the victims of sexual assault are able to access the most efficacious justice system possible, where their rights are going to be protected, where the procedural safeguards are going to be in place, and where we can be assured that they will have a fair hearing.”

Military police declined to lay a charge against McDonald, citing a lack of evidence, but later added their investigation did not find that the allegation against him was “unfounded,” as he had publicly claimed.

Former Supreme Court justice Morris Fish warned in a June report that it is “legally impossible” for military police to charge and prosecute chiefs of the defence staff. Sources cited that warning to Global News earlier in the year when asked why military police had opted not to pursue a military service code charges against retired Gen. Jonathan Vance, who also faces allegations.

Both Vance and McDonald deny the allegations against them.