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Rory Fowler

Rory Fowler

May 26, 2026

31:53
Is there a reason why there would be a lower conviction rate in the military justice system? Are people more likely to be charged there? Are there other considerations that impact that result, or do you see it as kind of just a fluke?
32:08
There are several reasons why it could be lower, and I don't think those have been adequately examined or investigated.
32:16
One potential reason is that it is not as an effective a system as the civilian justice system.
32:21
That's essentially the basis of the proposal from Madame Arbour, and that's what Professor Craig was saying, and that is a valid perspective insofar as if you've got a lower conviction rate, Is it because of barriers within the military justice system that causes matters to result in an acquittal or result in a plea to a lesser charge? that would not necessarily arise in the civilian justice system.
32:54
But it could also be indicative, absent evidence to the contrary, it could be indicative of a fact that the defense that's offered in the military justice system is more robust than the defense that's offered in the civilian justice system.
33:07
And one of the reasons for that is if a CF member is accused of or is charged with a service offense, whether it's a sexual offense or any offense, And it's prosecuted by court martial.
33:19
They are represented free of charge by defense counsel services.

10 MINS LATER

43:13
As a matter of law... likely whoever received that allegation would conduct the investigation, bring it to the prosecutor, either civilian or military, and it would be charged in the relevant forum based on where that issue was started.

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