Arrests

Who can arrest me?

The military police (MP) have jurisdiction to arrest anyone who is subject to the CSD.

No matter your rank or status, or whether you are in Canada or overseas, the military police may detain or arrest you, without a warrant, when you are subject to the CSD and you:

• have committed a service offence
• are found committing a service offence
• are believed to have committed a service offence
• are believed to be about to commit a service offence
• have been charged with having committed a service offence

MPs do not have the power to arrest you if you have committed or are suspected of committing a service infraction.

Aside from the military police, there are circumstances when a CAF member may arrest you.

If you are an officer, the following CAF members have the power to arrest you without a warrant:

• any officer of equal or higher rank
• any officer of lower rank if you are engaged in a quarrel, fight or disorder

If you are a non-commissioned member (NCM), the following CAF members have the power to arrest you without a warrant:

• any officer
• any NCM of higher rank
• any NCM of equal or lower rank if you are engaged in a quarrel, fight or disorder

Finally, any CAF member with a warrant for arrest issued under the provisions of the NDA, or any member called upon to assist, can arrest another person subject to the CSD.

Can I be arrested under the CSD if I have released from the CAF?

After you release from the CAF and are no longer subject to the CSD, you cannot be arrested, nor charged, with a service infraction.

You can, however, be arrested and charged for a service offence after you release from the CAF, if you were subject to the CSD at the time you allegedly committed the offence.

What happens if I am arrested?

In certain circumstances, you do not need to be formally charged with an offence for military authorities to hold you in custody.

If you are arrested or detained under the CSD, you must be informed, without delay, of:

• the reason for the arrest or detention
• the right to retain and instruct counsel of your choice: this right includes access to free and immediate advice from duty legal counsel provided by Defence Counsel Services (DCS)

If you are arrested for an alleged incident under the CSD, you should be released from custody as soon as possible by either:

• the person arresting you
• a custody review officer (CRO)
• a military judge

Whether you are released from custody depends on the considerations listed in section 158 of the NDA:

• the gravity of the offence alleged to have been committed 
• the need to establish your identity 
• the need to secure or preserve evidence 
• the need to ensure that you will appear before a court martial or civilian court 
• the need to prevent the continuation or repetition of the offence alleged to have been committed or the commission of any other offence 
• the need to ensure your safety and security, as well as the safety of any victim of the offence or any other person

What happens if I am held in custody?

If you are held in pre-trial custody, typically you will be kept in a cell, guardroom or any other suitable place at a base, unit or other element. If it is not practical to keep you in military custody, you might be placed in civilian custody.

You will be informed of the name and rank of the person who ordered that you be held in custody as well as the reason(s) why you are being held.

DCS will be informed that you have been taken into custody. If you are not released by the person who arrested you or the CRO (that is, your commanding officer (CO) or an officer designated as a CRO by your CO), you are entitled to be represented by military legal counsel from DCS at no expense to you, or you can choose to be represented by a civilian legal counsel at your own expense. 

If you are kept in custody, you are entitled to a hearing before a military judge as soon as practicable to determine if you will remain in custody beyond 48 hours. During that hearing, you are entitled to be represented by DCS legal counsel or you can choose to be represented by civilian legal counsel at your own expense.

If you are released from pre-trial custody with conditions, you may submit an application to your CO or a military judge to review the conditions of your release, if any. During the hearing to review the conditions of your release you are again entitled to be represented by DCS legal counsel or by civilian legal counsel.