Organizational structure of the Office of the Chief Military Judge
Chief Military Judge
The Governor in Council has designated a military judge, other than a reserve force military judge, to be the Chief Military Judge (CMJ). The CMJ must hold a rank that is not less than colonel. The CMJ assigns military judges to preside at courts martial and to perform other judicial duties under the National Defence Act (NDA).
The current Chief Military Judge is Colonel Mario Dutil.
Military judges are appointed by the Governor in Council. The Governor in Council can only remove a military judge based on the recommendation of an independent inquiry committee. Military judges’ compensation is established based on the recommendations of an independent compensation committee. Military judges adjudicate at courts martial and other military proceedings such as the judicial review of persons held in pre-trial custody.
The current military judges are:
Court Martial Administrator
The Court Martial Administrator (CMA) acts under the general supervision of the CMJ and convenes courts martial in respect of charges that have been preferred by the Director of Military Prosecutions. The General Courts Martial is composed of a military judge and a panel of five Canadian Forces members. The CMA appoints their members. The CMA performs many other prescribed statutory and regulatory duties, such as those referred to in subsection 165.19(1) of the NDA and article 101.17 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O).
The CMA is responsible for any matters dealing with court administration, including the preparation of a record for the Court Martial Appeal Court when an appeal is made to that Court. The services provided by the CMA are similar but not identical to the services provided by a registrar of a permanent civil court. In the end, the CMA manages the Office of the Chief Military Judge and supervises personnel, other than military judges.
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