Military Justice at the Unit Level Policy
Chapter 5 – Post-hearing

Context

This chapter of the Military Justice at the Unit Level Policy (the Policy) provides guidance on the post-hearing process, including administrative duties. This chapter stands alone as there are no companion provisions in the Queen’s Regulations and Orders for the Canadian Forces (QR&O) that address this subject.

5.1 Application of post-hearing policy

Meaning of final disposition

5.1.1   In this chapter, there is a “final disposition” when the officer conducting the summary hearing (OCSH) makes one of the following decisions:

1. To discontinue a summary hearing (SH) before making a finding;
2. That the service infraction charged was not committed; or
3. That the service infraction charged was committed, resulting in the imposition of a sanction.

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5.2 Post-hearing administration

5.2.1   An OCSH who makes a final disposition in accordance with paragraph (para) 5.1.1 must complete the relevant sections in Part 6 of the charge report. When a SH is held, the OCSH must provide written reasons with respect to the finding and any sanction imposed to the person found to have committed a service infraction or to the person found to not have committed a service infraction (collectively “the person charged”) and to that person’s Commanding Officer (CO), within three days following the pronouncement of the decision.^{Footnote 161} When there is not an appropriate section in the charge report to indicate the details of the final disposition, the OCSH must prepare written reasons and append a copy to the charge report.

5.2.2   An OCSH who makes a final disposition but is not the CO of the person charged must forward a copy of the completed charge report, any appended documents including the written reasons, and the investigation file to the CO of the person charged. Upon receipt, the CO of the person charged must place these documents on the Unit Registry of Disciplinary Proceedings (Unit Registry).

5.2.3   If a review is conducted, the CO of the person found to have committed a service infraction must also place the amended charge report, and any appended documents including the written reasons of the Review Authority (RA), on the Unit Registry. If the service infraction charge was laid by a member of the military police (MP)^{Footnote 162} the CO should provide the MP with a copy of the completed charge report.

5.2.4   If a sanction is imposed, in accordance with the Defence Administrative Orders and Directives (DAOD) 7006 series,^{Footnote 163} the CO of the person who received the sanction must cause the appropriate entries, amendments and removals to be made to the conduct sheet of the person sanctioned.

Sanction implementation

5.2.5   The CO of the person sanctioned is responsible for ensuring that the sanction is implemented.

Return of physical or documentary evidence

5.2.6   After the final disposition of a SH at which physical or documentary evidence was submitted, the CO of the unit where this evidence is held must ensure that, to the extent possible, the evidence is returned to the person who is apparently entitled to it unless:

1. A finding is made that a person committed a service infraction and the period for requesting a review of the finding and sanction has not expired;^{Footnote 164}
2. A person found to have committed a service infraction has requested a review of the finding or sanction after the expiry of the application period, and the RA has not yet decided whether to conduct the requested review; or
3. The evidence is required for the purposes of an investigation or another proceeding.

5.2.7   In the circumstances set out in subparagraphs 5.2.6(a) and (b) where the evidence is not returned, the CO of the unit where the evidence is held must cause the person apparently entitled to it to be informed and provided with the reasons for its retention along with a general time estimate for when it may be returned.

Additional communication of findings and sanctions

5.2.8   COs must cause to be forwarded all completed charge reports and appended documents, including written reasons (where applicable) to their legal advisor within 15 days of receipt of the written reasons (or of the decision if written reasons are not required). If an application for review has been submitted, the CO should wait until the review has been completed before carrying out this document forwarding responsibility. Upon the completion of the review, the CO must, within 15 days of receipt of the written reasons of the RA, cause to be forwarded (as above) the amended charge report and appended documents, including the written reasons of the RA.

5.2.9   The forwarding of these documents enables legal officers to conduct a review of them in furtherance of the Judge Advocate General’s statutory duty to superintend the administration of military justice in the CAF.

5.2.10   The CO of the person against whom the sanction of reduction in rank has been imposed, must, as soon as practicable, notify the National Defence Headquarters (Director General Military Careers) (only accessible on the Defence Wide Area Network).

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5.3 Unit Registry

5.3.1   The CO of a unit must ensure that a Unit Registry is maintained. The maintenance of a Unit Registry ensures that standardized procedures govern the retention of charge reports and other documents pertaining to SHs. All documents in the Unit Registry must be maintained in accordance with the Defence Subject Classification and Disposition System (only accessible on the Defence Wide Area Network).

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5.4 Access to copies of summary hearing records

5.4.1   For the purpose of the following paragraphs, SH records include the completed charge report, the documents appended to the completed charge report, and the investigation file.

Access by the person charged

5.4.2   Access by the person charged to a copy of the completed charge report and appended documents is available on request through their Chain of Command and is governed by DAOD 1002-1, Privacy Act Requests and Correction of Personal Information. Access to the investigation file is provided in accordance with para 2.1.5 of this Policy. Necessary redactions to these documents will be made in accordance with the Privacy Act^{Footnote 165} prior to disclosure.

Access by person affected by a service infraction

5.4.3   Access to a copy of the completed charge report and the written reasons with respect to the finding(s) and sanction(s) if applicable, is available in accordance with paragraphs (paras) 3.7.2 and C.2.7 of this Policy. This access is available to any person who has or who has alleged to have had a service infraction committed against them or who has suffered or who has alleged to have suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service infraction. Access to a copy of the written reasons for the determination of the RA is available in accordance with paras 4.4.15 and C.2.10 of this Policy. Necessary redactions to these documents will be made in accordance with the Privacy Act^{Footnote 166} prior to disclosure. Access to the other documents appended to the charge report and the investigation file are governed by the Access to Information Act,^{Footnote 167} the Privacy Act^{Footnote 168} and DAOD including the 1001^{Footnote 169} and 1002^{Footnote 170} series.

Access by the public

5.4.4   Access to SH records by the public is governed by the Access to Information Act,^{Footnote 171} the Privacy Act^{Footnote 172} and DAOD including the 1001 and 1002 series.