Military to decide whether members accused of crimes can wear uniforms in civilian courts
CBC
Canada's military is reviewing its dress code policy for civilian court cases in response to online outrage over a highly-decorated military commander's recent decision to wear his uniform and medals to his sexual assault trial.
Maj.-Gen. Dany Fortin, the former head of Canada's vaccine task force, has been charged with sexual assault in relation to an alleged incident in 1988. He has pleaded not guilty. He defended himself in a Quebec civilian courthouse earlier this week dressed in his uniform, with 10 medals across his chest.
Fortin and his lawyer have said they will not comment on any matters during the trial. A spokesperson for Fortin, who did not want to be named due to concerns about online reprisals, said that Fortin is presumed innocent and it's appropriate for him, as a serving officer, to wear his uniform in court.
The Department of National Defence (DND) said military members are permitted to wear their uniforms during civilian criminal trials — but it's a "personal choice for which individuals are responsible."
DND also said that, with more military sexual misconduct cases potentially ending up in civilian courts, the military will now "examine its policies related to the participation of CAF members in civilian judicial proceedings, including the subject of military dress, to assess whether changes should be made."
The civilian judicial system prosecutes a series of offences involving military members, including murder, manslaughter and sexual assault.
Several military sexual trauma advocates have said that the act of wearing the full uniform to court while on trial for sexual assault is a power play that intimidates complainants and triggers victims.
Retired major Donna Riguidel said she wants the military to ban its members from wearing their uniforms in court while on trial — or to at least advise against it.
"At best, it's tone-deaf," said Riguidel, the director of Survivor Perspectives Consulting Group. "At worst it's intimidation and bullying … and it will have a silencing effect on survivors."
Riguidel has been hired by the military to conduct training sessions to improve how military members respond to sexual misconduct disclosures.
She said the uniform is a powerful symbol of the institution and wearing it could make a complainant feel like they're facing off against the entire Canadian Armed Forces.
"It's unacceptable in an organization that's trying to become more trauma-informed and trying to focus on changing the culture to allow things like this to happen at his rank, at this leadership level," said Riguidel.
The military is trying to recover from a sexual misconduct crisis that has shaken the defence establishment to its foundations and damaged morale. Since 2021, multiple high-ranking senior military leaders have been removed from powerful posts over allegations of sexual misconduct.
The military agreed last year to a government directive to temporarily transfer all sexual assault cases to civilian police for investigation and civilian courts for prosecution. In a scathing report released in May, former Supreme Court justice Louise Arbour recommended the forces permanently give up all control of sexual assault cases.
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