Stolen Valor , Ottawa

http://www.cbc.ca/news/politics/franck-gervais-faces-charges-after-impersonating-soldier-at-remembrance-day-ceremony-1.2836655?cmp=fbtl
So this dude Gervais, decides for reasons unexplained until his court date, that he is going to impersonate a soldier during our rememberance day ceremonies. Uniform is wrong, facial hair needs permission, medals etc.

The Ottawa PD chases down this guy, and he surrenders and gets arraigned. All well and good, but how come he does not fall under military jurisdiction, for a court martial. While he is a civillian, and would normally fall under civillian jurisdiction for trial, he happened to have pulled this bone headed move, while combat operations are under way.

To me, the stolen valor is the minor aspect of this, two soldiers killed in Canada, and parliament attacked, to me warrants a more draconian approach. As far as we know, he is a canadian, with perhaps a few screws loose and some sort of hero projection issues, and not part or in league with other govt’s or third party actors who might rightly believe that we are fair game for reprisals.

Since he did not actually do anything, like try and shoot or otherwise injure any of the brass that may have been attending the ceremony, but he should initially be seen as an enemy agent in a false uniform, until everyone is satified that he simply has a few screws loose and is allowed to get on with his life.

So why does’t the military get first dibs on this guy.

Declan

He’s not a member of the military. The military most definitely should not have arrest and prosecution power against civilians.

He’s not under their jurisdiction. The military is ultimately under civilian control, civilians are not ultimately under military control.

Already a lengthy thread in the Pit:

http://boards.straightdope.com/sdmb/showthread.php?p=17896612#post17896612

But for the OP, what the others have said: the military courts only have jurisdiction over members of the military.

Since he wasn’t a member of the military, the civil courts have sole jurisdiction over him.