Court Martial Appeal Court of Canada | |
---|---|
Established | 1959 |
Jurisdiction | Canada |
Location | Thomas D'Arcy McGee Building, Ottawa, Ontario |
Composition method | Military Court |
Authorized by | Constitution Act, 1867, s. 101; National Defence Act |
Appeals to | Supreme Court of Canada |
Appeals from | Courts-martial of Canada |
Number of positions | 58 |
Website | CMAC Homepage |
Chief Justice | |
Currently | Richard Bell |
Since | 6 February 2015 |
The Court Martial Appeal Court of Canada (CMAC) (French : Cour d'appel de la cour martiale du Canada) hears appeals from Courts-martial of Canada ("courts martial").
In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge. They have the jurisdiction to try military personnel, and those civilian personnel that accompany military personnel abroad, for crimes that contravene the Code of Service Discipline and the National Defence Act; which incorporates many of the offences under the Criminal Code and related statutes.
The CMAC was established in 1959 by Parliament under the National Defence Act, to replace the Court Martial Appeal Board. Due to the court's small caseload, justices of the CMAC are cross-appointed from justices of provincial superior courts and the Federal Court and Federal Court of Appeal. [1] Appeals from the CMAC lie with the Supreme Court of Canada. Appeals require leave from the Supreme Court, unless a justice of the CMAC dissents on a question of law, in which case there is an appeal as of right to the Supreme Court. [2]
A court-martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.
Military justice is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power. .. to make Rules for the Government and Regulation of the land and naval forces" of the United States.
The United States Court of Appeals for the Armed Forces is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the president of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals.
The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ). They can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial (RCM), Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which civil matters are regulated by French-heritage civil law. Public law, criminal law and federal law operate according to Canadian common law.
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The current judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999. It is an inquisitorial system based on the Napoleonic Code, established in Niger during French colonial rule and the 1960 constitution of Niger. The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews application of the law and constitutional questions. The High Court of Justice (HCJ) deals with cases involving senior government officials. The justice system also includes civil criminal courts, customary courts, traditional mediation, and a military court. The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.
Since 2005, federal legislation has been introduced in the 109th Congress, 110th Congress, 111th Congress and the 112th Congress to amend Title 28 United States Code section 1259 to allow members of the United States Armed Forces to appeal court-martial convictions when the Court of Appeals for the Armed Forces denies a petition for grant of review or extraordinary relief. In the 112th Congress the Equal Justice for Our Military Act of 2011, H.R. 3133 was introduced in the House of Representatives and the Equal Justice for Our Military Act of 2011, S. 1664 was introduced in the Senate. Both bills are currently pending.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
The Judge Advocate General's Corps is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates.
The 2011 Helmand Province killing was the manslaughter of a wounded Taliban insurgent by Alexander Blackman, which occurred on 15 September 2011. Three Royal Marines, known during their trial as Marines A, B, and C, were anonymously tried by court martial. On 8 November 2013, Marines B and C were acquitted, but Blackman was initially found guilty of murder of the Afghan insurgent, in contravention of section 42 of the Armed Forces Act 2006. This made him the first British soldier to be convicted of a battlefield murder whilst serving abroad since the Second World War.
Courts martial of Canada are trials conducted by the Canadian Armed Forces. Such courts martial are authorized under the National Defence Act. Civilians with a military unit also become subject to the courts-martial system.