When US President Harry Truman fired popular General Douglas McArthur in 1951 for continuing past the 38th parallel in the Korean War, he asserted a fundamental democratic principle. Whatever the military leader may feel is right, the ultimate decision rests with the elected government. The military is subject to civilian oversight. The decision was upsetting to the American people and took courage on the part of the President.
The announcement that civilian courts will now deal with sexual assault cases in the military may not generate quite the response that Truman dealt with, but it is on the same level. From a public perspective, the move is long overdue, having now been recommended by no less than three inquiries into the issue of sexual assault and harassment in the Canadian Armed Forces. There is little trust that the military can police itself in this realm. The issue has involved officers of the highest ranks. It is an embarrassment to the military and the country. It interferes with the vital work the military needs to do in dealing with natural disasters, peacekeeping, and Arctic sovereignty, among other issues.
Further, it brings into disrepute the honourable history of our Armed Forces, who have acquitted themselves well internationally for generations. With Remembrance Day around the corner, we are reminded of the sacrifices they have made on our behalf in fighting for peace and freedom and in peacekeeping missions.
However, for the military, this is a substantial change and an incursion into what has been seen as a critical area of autonomy. Canadian Military Justice operates independently under the Code of Service Discipline, part of the National Defence Act. It is perceived as essential to forces discipline that members of the forces cannot appeal outside this system and must respect its authority. All this is tied to the need in the military for unquestioning obedience in crisis. Traditions, rituals and culture all reinforce this, and loyalty to the group is revered.
The move to exempt sexual assault from this process is, therefore, a major precedent. Perhaps it has taken this long because the Minister of National Defence has traditionally been male and from a military background. Perhaps what it took was a woman and a visible minority with no military connection.
Whether or not that was a factor, Anita Anand has moved decisively here to reinforce civilian oversight of the military, as Oakville News predicted she would. This was no small step and required the ability to make hard decisions we admire in military leaders. Oakville should be proud of her.