Disciplinary consequences
What disciplinary repercussions could I face for misconduct?
The type of consequences that you could face for misconduct depends on whether you are convicted of a service offence or found to have committed a service infraction. Any disciplinary measures that are imposed on you must be in proportion with the seriousness of the offence or infraction and the degree of your responsibility for the misconduct.
Service offences
If you are convicted of a service offence, the military judge who presided over your court martial may impose a sentence. Sentences may comprise one or more punishments for breaches of the CSD, but they will not exceed the maximum punishment of the most serious offence for which you have been convicted.
From most severe to least severe, the scale of punishments consists of:
- imprisonment for life
- imprisonment for two years or more
- dismissal with disgrace from His Majesty’s service
- imprisonment for less than two years
- dismissal from His Majesty’s service
- detention
- reduction in rank
- forfeiture of seniority
- severe reprimand
- reprimand
- fine
- other minor punishment
Further information on these punishments can be accessed in section 139(1) of the NDA.
Service infractions
If you are found to have committed a service infraction, the OCSH may impose one or more sanctions.
From most severe to least severe, the scale of sanctions includes:
- reduction in rank
- severe reprimand
- reprimand
- deprivation of pay (up to 18 days)
- minor sanction, such as confinement to ship/barracks (up to 14 days), extra work or drill (up to 14 days), and withholding leave (up to 30 days)
Further information on these sanctions can be accessed at Chapter 123 of the QR&Os.
The range of sanctions that may be imposed depends on the status of the officer who conducted the summary hearing.
- Superior Commanders have the authority to impose any and all sanctions.
- COs have the authority to impose sanctions from reprimands and below.
- Delegated officers have the authority to impose sanctions from deprivation of pay, up to seven days, and minor sanctions.
What happens if I am sentenced to detention?
A term of detention starts on the day the sentence is pronounced at court martial.
If you are a NCM sentenced to detention at court martial, you will be deemed to be reduced to the rank of Private and paid at this rank for the duration of your detention. For sentences of 14 days and above, detention is generally carried out at the Canadian Forces Service Prison and Detention Barracks (CFSPDB) in Edmonton, Alberta.
On your release from detention, your rank and pay will be reinstated, unless your sentence also includes a punishment of reduction in rank.
Officers cannot be sentenced to detention.
What happens if I am sentenced to imprisonment?
A term of imprisonment starts on the day the sentence is pronounced at court martial.
Where you are imprisoned will depend on the length of the term of your sentence.
- If you are sentenced to imprisonment for less than two years, you will be incarcerated in a civil prison.
- If you are sentenced to imprisonment for more than two years, you will be incarcerated in a federal penitentiary.
While imprisoned, you will forfeit all pay and allowances for the duration of your prison term.