Military bans uniforms from civilian trials following Fortin criticism
The Canadian Armed Forces is cracking down on the wearing of uniforms and medals in civilian courts, saying such attire will be banned from non-military trials except in certain circumstances.
The move announced by vice-chief of the defence staff Lt.-Gen. Frances Allen follows outrage over Maj.-Gen. Dany Fortin’s decision to wear his uniform and medals during his sexual assault trial in civilian court.
Defence Department spokesman Daniel Le Bouthillier did not specifically cite Fortin, who has maintained his innocence and is currently awaiting a judge’s verdict, when asked about Allen’s reasons for ordering an end to such displays.
However, he acknowledged in a statement that the military decided to review its existing policy “following concerns expressed to us in September by those with lived experiences of trauma, as well as questions from media.”
Fortin, who previously served as head of the federal government’s COVID-19 vaccination rollout campaign, first appeared in uniform in civilian court in September and again in October.
Taking effect on Dec. 1, Allen’s order bans Armed Forces members from wearing a uniform during civilian court proceedings unless they are testifying on behalf of the military or the Crown in a military capacity. That includes military lawyers and police.
The order, which follows promises over the last year to start transferring cases involving criminal sexual behaviour from the military justice system to civilian courts, also forbids the wearing of medals during any appearance in civilian court.
Military personnel can apply for an exception by making a formal request to their chain of command, which will be decided based on several factors such as the nature of the proceeding and the role of the Armed Forces member.
Reached by email on Thursday, Fortin said he would not be making any comments until the judge renders his decision in his sexual assault case.
Allen's order was greeted with applause from Lori Buchart, who previously served as co-chair of It’s Not Just 20K, a support and advocacy group created by victims of military sexual misconduct.
Buchart had previously expressed concern that wearing uniforms and medals in civilian courts could create bias during trials, particularly those involving juries, and intimidate victims of military sexual misconduct.
“The decision to ban uniforms except in cases of duty is the absolute right decision,” said Buchart on Thursday.
“We are extremely pleased there is clarity on this issue going forward from a policy stance. … We are appreciative the CAF took the concerns of those affected seriously, understanding the harm and retraumatization that can occur in situations such as this.”
Charlotte Duval-Lantoine, an expert on military sexual misconduct at the Canadian Global Affairs Institute, suggested the new order could "level the playing field" when it comes to court proceedings.
"As we have seen in many cases, some may see military service as a reflection of an individual’s character and as a means to fend off the accusations," she said.
"Lawyers can still make the case without the powerful image that can subconsciously influence a jury and a judge, as well as unnecessarily harm the accuser."
Yet Duval-Lantoine also expressed some hesitation about the ability to apply for an exception, and how such decisions will be made.
Retired lieutenant-colonel Rory Fowler, who is now a lawyer specializing in military cases, questioned whether Allen actually has the authority to dictate when and where Armed Forces members can wear their medals.
“If (Allen) is suggesting that the wearing of medals in civilian attire is prohibited, then she may well be overstepping the limits of her authority,” Fowler said in an email.
“When worn with Canadian Forces dress, the medals form part of that CF dress. The chief of defence staff can issue direction regarding how the medals may be worn with uniforms. But medals do not have to be worn with CF dress.”
Fowler also noted that while Allen’s order was broadcast to troops via what is called a Canadian Forces General Message, or Canforgen, the military’s actual dress regulations and other legal directives remain unchanged.
“The CF keeps using Canforgen as policy instruments,” he said. “They are not meant to be policy instruments. As I have mentioned previously, Canforgens represent a messaging system. … Why haven’t (the directives) been amended?”
This report by The Canadian Press was first published Nov. 17, 2022.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Western University researchers unlock potential 'cure' for ALS
New research out of London, Ont.'s Western University is shedding light on a potential cure for ALS, in which the targeting of the interaction between two proteins can halt or fully reverse the disease's progression.
Police release 3D images of young child found in an Ontario river two years ago
Police have released a three-dimensional image of a young child whose remains were discovered in the Grand River in Dunnville, Ont. almost two years ago.
B.C. brings in law on name changes on day that child killer's new identity revealed
The BC NDP have tabled legislation aimed at stopping people who have committed certain heinous acts from changing their names.
Kamala Harris drops F-bomb during White House live-stream
U.S. Vice-President Kamala Harris used a profanity on Monday while offering advice to young Asian Americans, Native Hawaiians and Pacific Islanders about how to break through barriers.
B.C. man fighting for refund after finding someone living at Whistler vacation rental
Edwin Mostered spent thousands of dollars booking a vacation home in Whistler, B.C., for a group skiing trip earlier this year – or so he thought.
Avs forward Valeri Nichushkin suspended at least six months
Colorado Avalanche forward Valeri Nichushkin was suspended for at least six months without pay and placed in Stage 3 of the league's player assistance program.
Collapsed Baltimore bridge span comes down with a boom after crews set off chain of explosives
Crews conducted a controlled demolition Monday to break down the largest remaining span of the collapsed Francis Scott Key Bridge in Baltimore.
Security video caught admitted serial killer disposing of bodies in Winnipeg garbage bins
Security video caught admitted serial killer Jeremy Skibicki on multiple late-night outings, disposing of body parts in nearby garbage bins and dumpsters in the middle of the night.
Mortgage companies could intensify the next recession, U.S. officials warn
U.S. officials worry the next recession could be intensified by a cascading series of failures in the mortgage industry caused by crashing home prices, frozen financial markets and soaring delinquencies.
Local Spotlight
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'