Courts-martial of Canada

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Courts-martial in Canada are trials conducted by the Canadian Armed Forces. The Chief Military Judge is Colonel Mario Dutil. [1] Such courts martial are authorized under the National Defence Act. [2] Civilians with a military unit also become subject to the courts-martial system. [2]

Trial coming together of parties to a dispute, to present information in a tribunal

In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

Canadian Armed Forces combined military forces of Canada

The Canadian Armed Forces, or Canadian Forces (CF), are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."

The National Defence Act is the primary enabling legislation for organizing and funding Canada's military.

Most commonly, courts-martial are convened to try members of the Canadian military for criminal violations of the Code of Service Discipline, which is the Canadian military's criminal code. [3] [2] The constitutionality of military courts-martial was upheld by the Supreme Court of Canada in R v Généreux, but changes were mandated to ensure judicial independence. [4] It was also determined that off-duty conduct can also fall under a court martial. [5]

The Code of Service Discipline (CSD) is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces (CF). It is found in Part III of the National Defence Act. The CSD:

Supreme Court of Canada highest court of Canada

The Supreme Court of Canada is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms.

<i>R v Généreux</i>

R v Généreux, [1992] 1 S.C.R. 259 is a leading Supreme Court of Canada decision where the Court held that the government had the constitutional right to create a military justice system that existed in parallel to the regular court system. However, the Supreme Court ruled that that system must comply with the constitutional requirements for judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms.

Since 2014, decisions of Canada's courts-martial have been available online. [6]

Decisions of Canadian Courts-Martial can be appealed to the Court Martial Appeal Court of Canada, a body made up of civilian judges.

The Court Martial Appeal Court of Canada (CMAC) hears appeals from Courts-martial of Canada.

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References

  1. Schmitz, Cristin (10 June 2016). "Military judge will not face court guns". Lawyers Weekly. Retrieved 19 October 2016.
  2. 1 2 3 Hassan, Taha (26 November 2015). "Better Know a Court: Canada's Courts Martial". Ultravires. Retrieved 19 October 2016.
  3. "The Code of Service Discipline and Me". Ottawa: Canadian Armed Forces. 2 March 2015. Retrieved 19 October 2016.
  4. "Supreme Court of Canada upholds constitutionality of military justice system". CTV News. Bell Media. 19 November 2015. Retrieved 19 November 2015.
  5. Brewster, Murray (7 Jan 2016). "Canadian war vet faces court martial over rude remark". CBC. Retrieved 19 October 2016.
  6. "COURT MARTIAL DECISIONS SOON TO BE MADE AVAILABLE WITH DECISIA BY THE DEPARTMENT OF NATIONAL DEFENCE". Lexum. 21 October 2014. Retrieved 19 October 2016.