DAOD 7001-2, Service of Legal Documents Concerning Civil and Criminal Court Proceedings

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

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. Definition

legal documents (document juridique)

Legal documents mean documents arising out of a civil or criminal court case, such as a statement of claim, a petition for divorce or a subpoena, but does not include documents arising out of a court martial or summary trial, or concerning official CAF or DND matters.

3. Service of Legal Documents

Consent to Service by Member

3.1 Legal documents may be served on a member by another CAF member only if the member concerned consents to accept service of the legal documents.

Note - Under no circumstances shall military compulsion be used to effect service of legal documents on a member.

No Consent to Service by Member

3.2 If a member does not consent to accept service of the legal documents, the person requesting the service shall:

  1. if security permits, be notified of the member's military address and, if the member is overseas or on a long voyage at sea, of the expected date of return of the member to Canada, and
  2. subject to the Defence Controlled Access Area Regulations and military requirements, be afforded all reasonable opportunity to effect service.

3.3 Any request for disclosure of a member's home address shall be referred to National Defence Headquarters (NDHQ), Attention: Director Access to Information and Privacy (DAIP), for a decision in accordance with the Privacy Act.

3.4 Before granting entry to a base, unit or other element, the commanding officer (CO) may require the person requesting entry to produce proof of identity, evidence of the capacity in which the person acts and the authority for so acting.

4. References

Acts, Regulations, Central Agency Policies and Policy DAOD

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