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. 1 2 3 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.


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.