Military Justice System

Question 1

Referral Authority

Answer 1

“Applies only to those specific officers who have been legally empowered to refer a charge to the DMP for the purposes of determining whether a matter warrants trial by court martial.”

The following are Referral Authorities:

1. the CDS
2. Any officer having the powers of an officer commanding a command

Question 2

Role of DMP in the Court Martial Process

Answer 2

The DMP is responsible for:

1. Deciding whether a particular charge is suitable for trial by court martial
2. Conducting prosecutions at courts martial.

Question 3

Corts Martial

Answer 3

The court martial is a formal military court presided over by a military judge, and is designed to deal with more serious offences.

Like summary trials, courts martial may be held anywhere in the world.

Statutorily, courts martial have the same rights, powers and privileges as a superior court of criminal jurisdiction with respect to all “matters necessary or proper for the due exercise of its jurisdiction,” including:

1. The attendance, swearing and examination of witnesses.
2. The production and inspection of documents.
3. The enforcement of its orders.

Question 4

4 Types of Court Martial

Answer 4

1. General Courts Martial
   (5 memeber panel)
2. Disciplinary Court Martial
   (3 member panel)
3. Standing Court Martial
4. Special General Court Martial

Question 5

Court Martial Appeal Court of Canada

CMAC

Answer 5

A civilian court composed of Federal Court and Superior Court judges.

The CMAC may sit and hear appeals at any place.

CMAC decisions may be appealed by the Supreme Court of Canada (SCC). Such appeals may be made on any question of law on which a judge of the CMAC dissents, or on any question of law if leave to appeal is granted by the SCC.

Question 6

Jurisdiction of the Code of Service Discipline

Answer 6

The Code of Service Discipline applies to all members and, in certain circumstances to civilians who may become subject to Canadian military law, for example, when accompanying a CAF unit on service or active service.

When a person subject to the Code of Service Discipline commits an offence under the Criminal Code, or other federal law, the NDA jurisdiction extends to deal with the matter in the military justice system.

The CAF has no jurisdiction to try any person charged with having committed, in Canada, the offences of murder, manslaughter, or any offence under sections 280, 282, and 283 (child abduction) of the Criminal Code of Canada.

Question 7

Service Offence

Answer 7

A “service offence” is an offence under the NDA, the Criminal Code, or any other act of Parliament committed by a person while subject to the Code of Service Discipline.

Question 8

Service Offences that are unique to the profession of arms:

Answer 8

1. Misconduct in the presence of the enemy
2. Mutiny
3. Disobedience of a lawful command
4. Desertion
5. Absence without leave (AWOL)
6. Conduct to the prejudice of good order and discipline

Question 9

Service Offences that are unique to the profession of arms:

Answer 9

1. Misconduct in the presence of the enemy
2. Mutiny
3. Disobedience of a lawful command
4. Desertion
5. Absence without leave (AWOL)
6. Conduct to the prejudice of good order and discipline