QR&O: Volume II - Chapter 124 Review

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:

• 20 June 2022 – new chapter: 124

124.01 – REVIEW OF FINDING AND SANCTION

Section 163.6 of the National Defence Act provides:

“163.6 (1) The review authorities in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing are the Chief of the Defence Staff and any other military authorities that are prescribed by the Governor in Council in regulations.

(2) A review authority in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing may act on its own initiative or on application, made in accordance with regulations made by the Governor in Council, of the person found to have committed the service infraction.”

(C) [20 June 2022]

124.02 – REVIEW AUTHORITIES

(1) For the purposes of subsection 163.6(1) of the National Defence Act, an officer superior in matters of discipline to the officer who conducted the summary hearing is prescribed as the review authority in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed.

(2) A review authority must obtain advice from a legal officer prior to conducting a review in respect of a finding that a person has committed a service infraction or in respect of a sanction imposed by an officer who conducted a summary hearing.

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

124.03 – APPLICATION FOR REVIEW

(1) An officer or non-commissioned member found to have committed a service infraction may apply in writing for a review of the finding and of any sanction imposed within 14 days of the receipt of the written reasons provided in accordance with paragraph 122.09(4).

(2) At the request of the applicant, a review authority may, in the interests of military justice, extend the period for making an application for review to such period as that authority considers reasonable in the circumstances.

(3) The application for review must state the grounds for review and describe the evidence that supports those grounds.

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

124.04 – QUASHING OF FINDINGS

Section 163.7 of the National Defence Act provides:

“163.7 (1) A review authority may quash a finding, by an officer who conducted a summary hearing, that a person has committed a service infraction.

(2) If a finding that a person has committed a service infraction is quashed and no other such finding was made at the summary hearing, every sanction imposed as a result of the quashed finding is also quashed and a new summary hearing may be held in relation to the service infraction as if no previous summary hearing had been held.

(3) In the case where more than one finding has been made that a person has committed a service infraction and a review authority quashes one or more but not all of them, if a sanction imposed is in excess of any that may be imposed in respect of the remaining findings or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate.”

(C) [20 June 2022]

124.05 – SUBSTITUTION OF FINDINGS

Section 163.8 of the National Defence Act provides:

“163.8 (1) A review authority may substitute a new finding for any finding that a person has committed a service infraction that was invalidly made or that cannot be supported by the evidence if the new finding could validly have been made on the charge to which the new finding relates and it appears to the review authority that the officer who conducted the summary hearing was satisfied of the facts that establish the service infraction specified or involved in the new finding.

(2) If a new finding is substituted and a sanction imposed in respect of the original finding is in excess of a sanction that may be imposed in respect of the new finding or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate.”

(C) [20 June 2022]

124.06 – SUBSTITUTION OF SANCTIONS

Section 163.9 of the National Defence Act provides:

“163.9 (1) A review authority may substitute for any invalid sanction imposed by an officer who conducted a summary hearing any new sanction or sanctions that it considers appropriate.

(2) If a new sanction is substituted, the new sanction may not be higher in the scale of sanctions than that other sanction.”

(C) [20 June 2022]

124.07 – COMMUTATION, MITIGATION AND REMISSION OF SANCTIONS

Section 163.91 of the National Defence Act provides:

“163.91 (1) A review authority may commute, mitigate or remit any or all of the sanctions imposed by an officer who conducted a summary hearing.

(2) The following definitions apply in subsection (1):

commute means to replace a sanction with another sanction that is lower in the scale of sanctions. (commuer)

mitigate means to impose a lesser amount of the same sanction. (mitiger)

remit means to exempt a person from the requirement to undergo the whole or any part of a sanction. (remettre)”

(C) [20 June 2022]

124.08 – EFFECT OF IRREGULARITIES

For greater certainty, a finding that a person has committed a service infraction or a sanction imposed by an officer who conducted a summary hearing is not invalid by reason only of a defect in form or a technical irregularity.

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

[124.09 to 124.99: not allocated]