DAOD 7001-0, Civil and Criminal Court Proceedings

Table of Contents

1. Introduction
2. Definitions
3. Policy Direction
4. Authority
5. References

1. Introduction

Date of Issue: 1997-09-26

Application: This is an order that applies to members of the Canadian Armed Forces (CAF).

Supersession:

• CFAO 19-3, Service of Legal Documents Concerning Civilian Matters
• CFAO 19-10, Attendance at Judicial Proceedings

Approval Authority: This DAOD is issued under the authority of the Judge Advocate General (JAG).

Enquiries: Director Law Military Personnel (D Law Mil Pers) or the nearest JAG representative.

2. Definitions

civil court (tribunal civil)

Civil court means a court in Canada for the conduct of civil litigation.

criminal court (tribunal de juridiction criminelle)

Criminal court means a court in Canada for the trial of criminal offences, including a court of summary jurisdiction, but not a court martial or summary trial.

foreign court (tribunal étranger)

Foreign court means any court outside of Canada, but not a court martial or summary trial.

3. Policy Direction

Policy Statement

3.1 In the event of civil or criminal court cases involving a member, the CAF shall provide, subject to operational requirements, an opportunity for the member to attend at the least expense to the Crown.

Note - Every member of the Reserve Force on active service and every member of the Regular Force and Special Force is exempt from jury service at civil or criminal court in accordance with Section 268 of the National Defence Act.

4. Authority

Officer Commanding a Command

4.1 If a member is subpoenaed or otherwise ordered to attend as a witness before a foreign court, and attendance of the member would be in the public interest, an officer commanding a command is authorized to order the member to attend on duty.

Commanding Officer

4.2 A commanding officer is authorized to permit a member to attend civil or criminal court, either on leave or on duty.

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• National Defence Act, Section 268

Other References

• DAOD 7001-1, Attendance at Civil and Criminal Court Proceedings
• DAOD 7001-2, Service of Legal Documents Concerning Civil and Criminal Court Proceedings