Appeals and reviews

If you have been convicted before a court martial, you may file an appeal of your decision or sentence to the Court Martial Appeal Court of Canada (CMAC) within 30 days from the end of court martial proceedings.

The CMAC is a division of the Federal Court of Canada and is composed of a panel of three civilian judges. During appeals, a decision from the majority determines the outcome.

For a list of the grounds on which you may appeal, you can consult section 230 of the NDA.

Your defence counsel, whether military or civilian, can advise you on appealing your case and guide you through the process.

If you have been found to have committed a service infraction at a summary hearing, you may apply in writing for a review to a Review Authority within 14 days of receiving the written reasons for your finding and/or sanction. Alternatively, a Review Authority may initiate a review on their own initiative.

A Review Authority is the next officer superior to the OCSH. After your summary hearing has ended, you can ask the OCSH who the proper Review Authority is for your case.

Your application for a review must state the grounds for review and describe the evidence that supports those grounds.

A Review Authority, on review of your case, may:

• uphold or quash the finding
• substitute, commute, mitigate or remit the sanctions

If you are convicted of a service offence, all mention of a service offence must be removed from your conduct sheet:

• when your record is suspended* under the Criminal Records Act by the Parole Board of Canada
• if your finding is set aside through an appeal
• after three years have passed since you were convicted of a non-criminal offence (service offences for which a conviction is not considered a criminal offence are listed in section 249.27(1)(a) of the NDA)

*If you are convicted of a service offence that results in a criminal record under the Criminal Records Act, you may apply for a record suspension when certain criteria is met.

If your conviction resulted in a fine of $200 or less or other minor punishment, all mention of a service offence must be removed from your conduct sheet if:

• you have completed six months of service from the date of enrolment or initial military occupation training
• 12 months have passed since you were convicted and no other conviction has been entered
• you are promoted to the rank of Sergeant, or as an Officer Cadet or NCM you then attain a commissioned rank
• you released from the CAF without completing initial military occupation training

If you are found to have committed a service infraction, all mention of the service infraction must be removed from your conduct sheet:

• if a Review Authority quashes the findings of your summary hearing
• if you have completed six months of service from the date of enrolment or initial military occupation training
• after 12 months have passed since you were found guilty of the service infraction and no other infraction has been entered
• if you are promoted to the rank of Sergeant, or as an Officer Cadet or NCM you then attain a commissioned rank