Military Justice System Time Standards
The table below sets out the time standards applicable to every phase of the military justice system (MJS) to continue to assure the maintenance of discipline, efficiency, and morale of the Canadian Armed Forces (CAF). These time standards have been published in order to satisfy the recommendation made by the Office of the Auditor General (OAG) in its report on the Administration of Justice in the CAF, tabled before Parliament on 29 May 2018, that “the Canadian Armed Forces should define and communicate time standards for every phase of the military justice process and ensure there is a process for tracking and enforcing them.”
Following the coming into force of Bill C-77 in June 2022, the time standards have been updated to accurately reflect the changes in the MJS. The Chief of the Defence Staff (CDS) announced the publication of the amended time standards by CANFORGEN 055/24 SJS 001/24 and ordered that all CAF members must be aware of the time standards.
The following military justice stakeholders were consulted in the establishment of time standards which were not specified by legislation, regulation, or policy:
- Vice Chief of the Defence Staff – representing the CAF Chain of Command;
- Canadian Forces Provost Marshal;
- Director of Military Prosecutions;
- Director of Defence Counsel Services;
- CAF Discipline Advisory Council;
- Office of the Chief Military Judge;
- Office of the Judge Advocate General.
The table below sets out the time standards applicable to every phase of the military justice system.
Alternate Format
| Military Justice System Time StandardsFootnote 1 | |||||
|---|---|---|---|---|---|
| ID | Phase of the Military Justice System |
Time Starts (Date of:) |
Time Ends (Date of:) |
Time StandardFootnote 2 | Reference / In consultation with |
| Pre-Trial Detention | |||||
| 1 | Delivery of Report of Custody | Arrest | Delivery of Report of Custody | As soon as practicable but within 24 hours | NDA s 158.1(1) |
| 2 | Review of Report of Custody | Arrest | Custody Review Officer Decision | As soon as practicable but within 48 hours | NDA s 158.2(1) |
| 3 | Review of Decision to Retain Member in Custody when no charge laid within 72 hours after the arrest | 72 Hours after the arrest (if no charge laid) | Custody Review Officer determines why no charge has been laid and reconsiders whether it remains necessary to retain the person in custody | As soon as practicable but within 24 hours | NDA s 158.5 |
| 4 | Military Judge Review of CustodyFootnote 3 | Custody Review Officer Decision to keep member in custody | Appearance Before Military Judge | As soon as practicable | NDA s 159(1) |
| 5 | Military Judge 90-Day Review of Custody when Trial has not startedFootnote 3 | 90 days since last Appearance Before Military Judge | Appearance Before Military Judge | As soon as practicable | NDA s 159.8 |
| Investigative Process | |||||
| 6 | Pre-Investigation Legal Advice RequestFootnote 4 (when required) | Reporting of Incident | Advice Requested | 3 days | CAFDACFootnote 5 |
| 7 | Investigation InitiatedFootnote 6 | Reporting of Incident or Pre-Investigation Legal Advice Received, as applicable | Investigator Assigned | 3 days | CAFDAC |
| 8 | Unit Investigation (Regular Force) | Investigator Assigned | Investigation Report Submitted | 15 days | CAFDAC |
| 9 | Unit Investigation (Reserve Force) | Investigator Assigned | Investigation Report Submitted | 30 days | CAFDAC |
| Charge Laying Process – Service Offences and Service Infractions | |||||
| 10 | Charge Layer Assigned | Investigation Report Submitted | Charge Layer Assigned | 3 days | CAFDAC |
| 11 | Charge Laying Decision - Legal Advice Requested (when required) | Charge Layer Assigned | Legal Advice Requested | 3 days | CAFDAC |
| 12 | Charge Laying Decision -Legal Advice not Required or Provided (Regular Force) | Charge Layer Assigned or Legal Advice Provided | Charge Laying Decision | 7 days | CAFDAC & VCDS |
| 13 | Charge Laying Decision -Legal Advice not Required or Provided (Reserve Force) | Charge Layer Assigned or Legal Advice Provided | Charge Laying Decision | 14 days | CAFDAC |
| 14 | Provision of Charge Report and QR&O 102.10(2) Information Obtained (Regular Force) | Charge(s) Laid | Charge Report and All Information Referred to in QR&O 102.10(2) Provided | 3 days | CAFDAC & VCDS |
| 15 | Provision of Charge Report and QR&O 102.10(2) Information Obtained (Reserve Force) | Charge(s) Laid | Charge Report and All Information Referred to in QR&O 102.10(2) Provided | 7 days | CAFDAC |
| 16 | Notice of Decision Not to Lay Charges | Charge Laying Decision | Stakeholders Notified | 3 days | CAFDAC |
| Legal Advice | |||||
| 17 | Pre-Investigation Legal Advice Provided | Pre-Investigation Legal Advice Requested | Legal Advice Provided | 3 days | JAG Policy |
| 18 | Pre-Charge Legal Advice – Service Infraction | Legal Advice Requested | Legal Advice Provided | 14 days | JAG Policy |
| 19 | Pre-Charge Legal Advice – Prosecution Advice Required | Determination by unit legal advisor that a charge is likely to be for a service offence | Request Sent to Regional Military Prosecutor | 5 days | JAG Policy |
| 20 | Prosecution Pre-Charge Legal Advice | Request Sent to Regional Military Prosecutor | Regional Military Prosecutor Advice Provided | 30 days | DMP Policy Directive 002/00, paras 43 to 46Footnote 7 |
| 21 | Pre-Charge Legal Advice – With Prosecution Input | Regional Military Prosecutor Advice Provided | Legal Advice Provided | 7 days | JAG Policy |
| 22 | Post-Charge Legal Advice | Legal Advice Requested | Legal Advice Provided | 7 days | JAG Policy |
| Pre-Hearing – Summary Hearing | |||||
| 23 | Referral to CO (Regular Force) | Charge(s) Laid | Charge Report and information delivered, and all information referred to in QR&O 102.10(2) provided to CO | 3 days | CAFDAC |
| 24 | Referral to CO (Reserve Force) | Charge(s) Laid | Charge Report and Information Delivered, and All Information Referred to in QR&O 102.10(2) Provided to CO | 7 days | CAFDAC |
| 25 | Post Charge Legal Advice Request (when required) | Receipt of Charge Report – Service Infraction by a CO | Legal Advice Requested | 3 days | CAFDAC |
| 26 | Assisting Member Appointment (when required) (Regular Force) | Receipt of Charge Report – Service Infraction by a CO | Assisting Member Appointed | 3 days | CAFDAC |
| 27 | Assisting Member Appointment (when required) (Reserve Force) | Receipt of Charge Report – Service Infraction by a CO | Assisting Member Appointed | 7 days | CAFDAC |
| Summary Hearing Process | |||||
| 28 | Summary Hearing Commenced | Alleged Infraction | Start of Summary Hearing | 6 Months | NDA s 163.4 |
| 29 | Notice of Decision to Proceed with Summary HearingFootnote 8 | Decision made by Officer Conducting the Summary Hearing | Stakeholders Notified | 3 days | CAFDAC |
| 30 | Summary Hearing Commenced (Regular Force) | Charge(s) Laid | Start of Summary Hearing | 20 days | CAFDAC |
| 31 | Summary Hearing Commenced (Reserve Force) | Charge(s) Laid | Start of Summary Hearing | 30 days | CAFDAC |
| 32 | Decision and Reasons Not to Proceed with Charges | Decision made by Officer Conducting the Summary Hearing | Reasons Provided | 3 days | CAFDAC |
| 33 | Summary Hearing Length | Start of Summary Hearing | End of Summary Hearing | 3 days | VCDS & CAFDAC |
| 34 | Reasons for Findings and Sanctions Provided in Writing | End of Summary Hearing | Reasons Provided | 3 days | QR&O 122.09 (4) |
| 35 | Post Hearing Administration (Legal Officer Document Review) | Written Reasons with Respect to findings and Sanctions Received (After Review When Applicable) | Copies of Documents Placed on Unit Registry provided to most appropriate Representative of the OJAG | 15 days | MJUL Policy, Ch 5, para 5.2.8 |
| Summary Hearing Review | |||||
| 36 | Application for Review | Written Reasons with Respect to Findings and Sanctions Provided | Application for Review Submitted | 14 days | QR&O 124.03(1) |
| 37 | Officer who Conducted the Summary Hearing's Representations | Application for Review or Written Reasons for Initiating the Review Provided to Officer Who Conducted the Summary Hearing | Officer who Conducted the Summary Hearing’s Comments Provided to Review Authority | 7 days | MJUL Policy, Ch 4, para. 4.4.8 |
| 38 | Review Authority’s Decision with Reasons | All Responses and/or Representations Provided to Review Authority | Review Authority's Decision | 14 days | MJUL Policy, Ch 4, para. 4.4.12 |
| Pre-Trial – Court Martial | |||||
| 39 | Referral Package Sent to Director of Military Prosecutions | Charge(s) Laid | Charge report (DND 4814) and complete report of investigation provided to Director of Military Prosecutions | 3 days | VCDS & CAFDAC |
| 40 | Accused's Representation Wishes Communicated to Defence Counsel Services | Charge(s) Laid | Charge Report (DND 4814) Provided to Defence Counsel Services | 3 days | DDCS, VCDS & CAFDAC |
| 41 | Witness List ProvidedFootnote 7 | Disclosure Package Received by the Accused (or counsel) | Prosecutor Informs Accused of Proposed Witnesses | 15 days | DMP Policy Directive 017/18, para 7 |
| 42 | Court Martial Scheduling DiscussionFootnote 7 | Disclosure and the List of Witnesses Provided to Accused (or counsel) | Defence Counsel Engaged for Court Martial Scheduling | 30 days | DMP Policy Directive 017/18, para 8 |
| Court Martial Process | |||||
| 43 | Court Martial CompleteFootnote 9 | Charge(s) Laid | End of Court Martial | Presumptive ceiling of 18 months | R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631 |
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