QR&O: Volume II - Chapter 122 Summary Hearings

Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.

A consolidation of the QR&O volumes in official PDF version were made as of the 3 July 2019. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

The last modifications to the QR&O came into force on 20 June 2022.

Amendment List:

122.01 – SUMMARY HEARING

Section 162.4 of the National Defence Act provides:

“162.4 Service infractions may be dealt with only by summary hearing.”

(C) [20 June 2022]

122.02 – PUBLIC HEARINGS

(1) A summary hearing is to be held in public, except that the officer conducting the hearing may order the hearing or any part of the hearing to be held in private if the officer is of the opinion that during the course of the hearing any of the following information will likely be disclosed:

(a) information that, if disclosed, could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities;

(b) information that, if disclosed, could reasonably be expected to be injurious to the administration of justice, including law enforcement;

(c) information affecting a person’s privacy or security interest, if that interest outweighs the public’s interest in the information.

(2) The officer conducting the summary hearing must provide reasons during the hearing in support of the measures taken or orders made.

(G) [P.C. 2022-0268 effective 20 June 2022]

122.03 – FAILURE TO APPEAR

Section 118.1 of the National Defence Act provides

“118.1 Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.”

(C) [20 June 2022]

122.04 – CONTEMPT OF TRIBUNALS

Section 118 of the National Defence Act provides:

“118 (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

(2) Every person who

(a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,

(b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

(c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

(d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

(e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

(f) commits any other contempt of a tribunal

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.”

(C) [20 June 2022]

122.05 – WITNESSES TO APPEAR

(1) The officer conducting a summary hearing may order the appearance of any witness subject to the Code of Service Discipline and request the appearance of any other witness.

(2) The officer conducting a summary hearing cannot compel the person charged with having committed a service infraction to give evidence.

(G) [P.C. 2022-0268 effective 20 June 2022]

122.06 – OATH OR SOLEMN AFFIRMATION

(1) For the purpose of paragraph 251(a) of the National Defence Act, the officer conducting a summary hearing must take the following oath:

“I swear that I will duly administer military justice according to law, without partiality, favour or affection. So help me God.”

(2) An officer conducting a summary hearing who chooses to make a solemn affirmation in accordance with section 251.1 of that Act must make the following affirmation:

“I solemnly affirm that I will duly administer military justice according to law, without partiality, favour or affection.”

(3) For the purpose of subparagraph 251(h) of that Act, a witness who appears before an officer conducting a summary hearing must take the following oath:

“I swear that the evidence to be given by me shall be the truth, the whole truth and nothing but the truth. So help me God.”

(4) A witness who chooses to make a solemn affirmation in accordance with section 251.1 of that Act must make the following affirmation:

“I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth and nothing but the truth.”

(G) [P.C. 2022-0268 effective 20 June 2022]

122.07 – PRELIMINARY QUESTIONS

Prior to receiving any evidence, the officer conducting the summary hearing must ask whether the person who is charged with having committed a service infraction

(a) requires more time to prepare for the hearing and, if so, grant any reasonable adjournment requested for that purpose;

(b) wishes to make representations with respect to the officer’s lack of ability to conduct the summary hearing, including a lack of jurisdiction; or

(c) wishes to admit any of the details of any charge.

(G) [P.C. 2022-0268 effective 20 June 2022]

122.08 – CONDUCT OF HEARING

The officer conducting a summary hearing must give the person charged with having committed a service infraction a reasonable opportunity to request the appearance of and question witnesses, introduce evidence and make representations during all phases of the hearing in accordance with the principles of procedural fairness and natural justice.

(G) [P.C. 2022-0268 effective 20 June 2022]

122.09 – DECISION AND SANCTION

(1) After consideration of the evidence received, the officer conducting the summary hearing must pronounce their decision and reasons with respect to any findings in respect of the alleged service infractions.

(2) If the officer conducting the summary hearing finds that a person has committed one or more service infractions, the officer must

(a) invite the person to make representations in relation to the sanction; and

(b) notify the person of the right under article 124.03 to make an application for a review of the finding or sanction and of the process and deadline for requesting a review.

(3) If the officer finds that a service infraction has been committed, the officer must impose one or more sanctions in accordance with sections 162.7 to 162.93 of the National Defence Act.

(4) The officer must record in writing the reasons with respect to the findings and any sanctions imposed and provide a copy to the person who committed the service infraction and to the person’s commanding officer no more than 3 days after the decision was pronounced.

(G) [P.C. 2022-0268 effective 20 June 2022]

NOTE

When more than one type of sanction is imposed as a result of a summary hearing, the sanction that is most severe should be pronounced first by the officer conducting the summary hearing. However, no sanction is invalid by reason only that a sanction lower on the scale of sanctions referred to in section 162.7 of the National Defence Act was pronounced before a sanction higher on the scale.

(C) [20 June 2022]

[122.10 to 122.99: not allocated]

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: