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Courts martial of Canada

Courts martial of Canada are trials conducted by the Canadian Armed Forces. Such courts martial are authorized under the National Defence Act.[1] Civilians with a military unit also become subject to the courts-martial system.[1]

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.[2][1] 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.[3] It was also determined that off-duty conduct can also fall under a court martial.[4]

Since 2014, decisions of Canada's courts martial have been available online.[5]

Decisions of Canadian courts martial can be appealed to the Court Martial Appeal Court of Canada, a body made up of civilian judges, with a further appeal to the Supreme Court of Canada, by leave of the Supreme Court.

References

  1. ^ a b c Hassan, Taha (26 November 2015). "Better Know a Court: Canada's Courts Martial". Ultravires. Retrieved 19 October 2016.
  2. ^ "The Code of Service Discipline and Me". Ottawa: Canadian Armed Forces. 2 March 2015. Retrieved 19 October 2016.
  3. ^ "Supreme Court of Canada upholds constitutionality of military justice system". CTV News. Bell Media. 19 November 2015. Retrieved 19 November 2015.
  4. ^ Brewster, Murray (7 Jan 2016). "Canadian war vet faces court martial over rude remark". CBC. Retrieved 19 October 2016.
  5. ^ "COURT MARTIAL DECISIONS SOON TO BE MADE AVAILABLE WITH DECISIA BY THE DEPARTMENT OF NATIONAL DEFENCE". Lexum. 21 October 2014. Retrieved 19 October 2016.


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