General Instructions - Payment of Witness Expenses at Court Martial

Judge Advocate General Policy Directive: # 017/02
Original Date: 10 January 2002
Subject: General instruction - Payment of witness expenses at court martial
Cross Reference: s. 251.2 NDA; QR&O Article 111.10; CFAO 210-1; Federal Court Rules, Tariff A

Application

1. This general instruction is issued to both the Director of Military Prosecutions (DMP) and the Director of Defence Counsel Services (DDCS) pursuant to my authority under section 165.17 (2) and 249.2 (2) of the National Defence Act.

Purpose

2. The purpose of this directive is to state the JAG policy with regard to the payment of expenses related to the attendance of witnesses at court martial.

General Instruction

3. An officer or non-commissioned member or an officer or employee of the Department summoned or attending to testify before a court martial is entitled to transportation and travelling expenses in accordance with Chapter 209 of the Compensation and Benefits Instructions for the Canadian Forces or as prescribed in the Treasury Board of Canada Travel Directive, as applicable.

4. Pursuant to section 251.2 of the National Defence Act, a person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial is entitled, in the discretion of the court, to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

5. Tariff A of the Federal Court Rules provides that a witness or expert is entitled to be paid, by the party who arranged for or subpoenaed his or her attendance, the prescribed per diem plus reasonable travel expenses.

6. Unless directed otherwise by the court, reasonable travel expenses payable to any witness summoned or attending to give evidence before a court martial, who is not an officer or non-commissioned member or an officer or employee of the Department, are the travel expenses prescribed in Chapter 209 of the Compensation and Benefits Instructions for the Canadian Forces.

7. Where the accused is self represented or has retained civilian defence counsel at his or her own expense the expenses payable to defence witnesses under paragraphs 3, 4, 5 and 6 of this directive will only be paid by the Crown where the accused or his counsel certifies in writing to the Director of Defence Counsel Services, that attendance of the witness is necessary and appropriate in order to make full answer and defence.

Expert Witnesses

8. Except where an accused is self represented or has retained civilian defence counsel at his or her own expense, the Crown will pay reasonable professional fees to an expert witness to prepare and present evidence at a court martial pursuant to the terms of a service contract between the said expert and the DMP or the DDCS.

9. An officer or non-commissioned member of the Canadian Forces or an officer or employee of the Department summoned or attending to give expert evidence before a court martial is not entitled to receive the professional fees prescribed in paragraph above.

10. DMP and DDCS are responsible for administering payment to their respective witnesses pursuant to this policy.

//SIGNED//
Jerry S.T. Pitzul
BGen
JAG