CHANGING TACTICS: REHABILITATING CANADIAN JUSTICE FOR TRAUMATIZED VETERANS
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based “Treatment Standing Court Martial” would place military justice officials parallel to civilian justice alternative measures programs, and in a better position to break the cycle of recidivism among veterans by addressing root causes. Education to reduce stigma along with military-civilian partnerships are also advocated to enhance the detection of mental illness and to foster early treatment for military personnel and veterans. The overall goals of the work include: reducing recidivism, improving operational efficiency and taking care of military members, veterans and their families.
- Veterans, problem solving court, military justice, military, military members, court martial, military culture, whole of government approach, service tribunal, veteran treatment court, post traumatic stress disorder, operational stress injury, traumatic brain injury, combat, mental health court, VTC, PTSD, OSI, TBI, military judge, summary trial, discipline, morale, efficiency, American military justice, mental injuries, Canadian justice, military misconduct, Treatment Standing Court Martial, alternative measures, recidivism, propensities, criminogenic factors
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