Courts-martial of Canada

From Wikipedia, the free encyclopedia

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]

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]

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.

References[]

  1. ^ Schmitz, Cristin (10 June 2016). "Military judge will not face court guns". Lawyers Weekly. Retrieved 19 October 2016.
  2. ^ a b c 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.

External links[]


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