disciplinary action Flashcards
what are the two functions of law
regulate the affairs of all persons and provide a standard of conduct and morality for society
how is the NDA explained
queens reg and orders, canadian forces administrative order, and DAOD
the chain of command can take ______ action if a CAF member demonstrates deficiencies
administrative action or disciplinary action
what are the unique aspects of military discipline
- reflected in the csd (code of service disicpline), high level of control, if obedience isnt ensured by wilful complience, corrective measures can take place
under which act is civilian control over the CAF exercised?
national defense act (NDA)
Without permission from the executive branch of government, can the CAF chain of command send members overseas?
No, the CAF requires permission from the execuctive branch of gov (the governer general prime minister or cabinet) to send members overseas because if not, there may be abuse of power. – executive branch has a specific agenda in how the country runs that n individual member of the CAF is unaware of, exec branch has education,, etc, is exec for a reason
What is the purpose of a summary proceeding?
to provide prompt but fair justice for minor service offences so that the maintenance of military discipline and efficiency continues to be carried out
outline the difference between a summary trial and a court martial
a summary trial is designed to deal with minor service offenses, at the unit level, whereas court martials are formal military courts, under the NDA, presided over by military judges for major offences occurring in the miltary
Who presides over a summary trial?
superior commanders, commanding officers, delegated officers who were delegated powers of punishment by their CO
How is a summary trial conducted?
not represented by a lawyer, straightforward, punishment is limited – max is detention for 30 days
Officers and NCMs have the obligation to report to the proper authority any infringement of…
statutes, regulations, rules, orders, and instructions that govern the conduct of any person subject to the CSD
when can no reprisals be taken against a person who has, in good faith, …
reported to proper authority and infringement, cooperated in an investigation
Upon the arrest of an officer or NCM above the rank of PO2, the CO must immediately…
report the case to director of military careers at NDHQ
Name the appropriate actions if. CAF member demonstrates conduct or performance deficiencies
administrative actions and disciplinary actions
who else, besides the military police can arrest me under the CSD? (for NCMs)
any officer, any NCM of higher rank, and NCM of equal or lower if ur engaged in quarrel/fight, any CAF member w warrant for arrest
