Canadian military members banned from wearing uniforms, medals in civilian courts

The Canadian Armed Forces is prohibiting its members from wearing their military uniforms in civilian court when appearing on their own behalf, according to an internal directive released Thursday.

The directive was issued as a CANFORGEN, or an order to military members from the top brass, and states uniforms can only be worn if members are appearing on behalf of the military or the Crown in a military capacity. Commanding officers will have the authority to determine when wearing a uniform is appropriate.

According to the directive, members will not be allowed to wear their medals in criminal or civil court proceedings under any circumstances.

The new rules will take effect Dec. 1 — four days before Maj.-Gen. Dany Fortin, the former leader of Canada’s COVID-19 vaccine rollout, is set to learn the verdict in his trial on a sexual assault charge dating back to the 1980s, when he was a military college student.

Fortin, who has pleaded not guilty, wore his military uniform and medals throughout his trial in September and again in October.

A spokesperson for the Department of National Defence said a policy review was launched that month after hearing concerns from “those with lived experiences of trauma, as well as questions from the media.”

“The cultural evolution of the CAF is an ongoing process,” spokesperson Daniel Le Bouthillier said in a statement to Global News.

“We are grateful for those who come forward to share their concerns with existing policies.”

1:57 Maj.-Gen. Dany Fortin formally charged with sexual assault

The statement did not explicitly state whether the concerns were related to Fortin or his decision to wear his uniform at trial, including on the witness stand.

Other military members have also worn their uniforms in court during high-profile cases. Former Vice. Adm. Mark Norman, for example, wore his navy uniform when in court for his breach of trust case back in 2019. The charges against him were later stayed by the Crown.

Military members will be allowed to seek an exemption from the new dress policy by submitting written arguments to their superior officer, according to Thursday’s directive. Exemptions may be determined based on several factors such as the nature of the proceeding and the role of the Armed Forces member.

The new directive comes after almost two years of intense scrutiny over the military’s handling of sexual misconduct, abuse of power, and power dynamics within its senior ranks, prompted by exclusive Global News reporting back in February 2021.

The federal government has also spent the past year working to meet promises to transfer cases involving criminal sexual behaviour from the military justice system to civilian courts.