ARMED FORCES
Applications by Director of Military Prosecutions (DMP) for mandamus compelling Court Martial Administrator (Administrator) to convene, Chief Military Judge (CMJ) to assign military judge to preside at Standing Court Martial of former member of Joint Task Force (JTF 2)—CMJ refusing to assign judge because name, other identifying features of members of JTF 2 classified as secret—As a result, Administrator not having sufficient information to complete convening order—Currently no process in National Defence Act, R.S.C., 1985, c. N-5 to deal with preliminary matters of confidentiality before court martial convened—CMJ, Administrator thus not having public legal duty to act—Also, alternative remedies available (i.e. administrative accommodation; request under Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 37, 38)—As such, requirements for mandamus not met—Applications dismissed.
Canada (Director of Military Prosecutions) v. Canada (Court Martial Administrator) (T-1967-05, 2006 FC 1532, Snider J., order dated 21/12/06, 55 pp.)