Code of Service Discipline

What is the "Code of Service Discipline"?

The Code of Service Discipline (CSD), found in Part III of the National Defence Act (NDA), is the body of law that prescribes and regulates the standard of conduct expected of people serving in and with the military and defines how breaches of that standard may be disciplined. As such, the CSD forms the basis of the military justice system for the CAF.

The military justice system in Canada has two types of procedures, enabling a wide spectrum of misconduct to be addressed:

• Courts martial try services offences, which are misconducts of a serious nature, in a formal court presided over by a military judge.
• Summary hearings deal with service infractions, which are minor breaches of military discipline that are heard at the unit level.

Operationally, the CSD sets out the procedures and organization of courts martial and summary hearings, establishes the authority of personnel who serve in the military justice system, defines the scale of punishment, and provides the mechanisms for reviewing or appealing a disciplinary decision.

Strategically, the CSD is designed to support military commanders in maintaining discipline, efficiency and morale within the CAF by:

• setting out who can be disciplined by the military justice system
• establishing service offences and service infractions for which a person can be charged
• establishing who has the authority to arrest and hold CAF members in custody
• establishing service tribunals and their jurisdiction to conduct trials of persons charged with service offences
• establishing summary hearings and their jurisdiction to hear persons charged with service infractions
• establishing processes for reviewing and appealing findings, decisions and punishments after proceedings

You are encouraged to consult with your supervisor if you have any questions about the CSD and how it applies to you.

Why do we have a CSD?

The CSD provides for a separate justice system for the CAF to enforce the high disciplinary standards expected and required in the military. 

The need for a separate justice system to enforce disciplinary standards in the military has a history dating back to the earliest organized military forces.

The Supreme Court of Canada (SCC), in the R v Généreux case, recognized the continuing need for a separate system for military justice. The SCC stated that Canada depends on the CAF to defend against threats to our security and that the military must be able to enforce discipline effectively to maintain readiness and its ability to fight. Breaches of discipline, therefore, must be dealt with efficiently, fairly, and speedily through a justice system that is designed to meet the disciplinary needs of the military. The SCC noted that ordinary civilian courts are generally inadequate to serve the particular needs of the military.

More recently, in 2019, the SCC reaffirmed Canada’s need for a separate military justice system in R v Stillman. The SCC acknowledged that the military justice system is “designed to meet the unique needs of the military” and has evolved to become a “full partner in administering justice alongside the civilian justice system.”

When am I subject to the CSD?

If you are a CAF member of the Regular Force, you are always subject to the CSD, whether you are inside or outside of Canada.

If you are a CAF member of the Reserve Force, you are subject to the CSD depending on the situation. The exact criteria for when a Reserve Force member is subject to the CSD is listed in section 60 of the NDA.

Below are examples of when, as a Reserve Force member, you are subject to the CSD:

• In uniform
• While undergoing drill or training, whether in uniform or not
• On duty
• When participating in domestic or international operations
• While on a military base or wing or in a CAF vehicle, aircraft or ship
• Serving with any unit or other element of the Regular Force or the Special Force

If you are a civilian, you are subject to the CSD in exceptional situations:

• when accompanying a unit or other element of the CAF that is on service in any place
• when attending a CAF training or education institution
• when serving with the CAF under an engagement with the Minister of National Defence