Annex D: Court Martial Statistics - 2016-17

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Type

Rank

Offences

Description

Disposition

Sentence

Order at CM

Location of CM

Location of Offence

Language of Trial

1

SCM

Cpl Abao

127 NDA

Injurious or dangerous handling of a substance

Not Guilty

N/A

N/A

Edmonton, AB

Wainwright, AB

English

129 NDA

Neglect to the prejudice

Not Guilty

2

SCM

Bdr Avon

129 NDA

Conduct to the prejudice

Guilty

$200 fine

N/A

Valcartier, QC

Valcartier, QC

French

3

SCM

MS Barker

114 NDA

Stealing when entrusted

Withdrawn

Severe reprimand and $1,000 fine

N/A

Halifax, NS

Shearwater, NS

English

130 NDA(334 Criminal Code)

Theft

Withdrawn

124 NDA

Negligent performance of a military duty

Guilty

4

SCM

Cpl Beaudry

130 NDA(272 Criminal Code)

Sexual assault causing bodily harm

Guilty

42 months imprisonment

DNA, SOIRA (20 years), Weapons prohibition (10 years)

Wainwright, AB

Wainwright, AB

French

130 NDA(246(a) Criminal Code)

Overcoming resistance by chocking

Not Guilty

5

SCM

AB Boyer

97 NDA

Drunkenness

Guilty

Reprimand and $1,000 fine

N/A

Esquimalt, BC

HMCS Galgary

English

86 NDA

Fought with a person subject to the Code of Service Discipline

Guilty

6

SCM

Cpl Brisebois-Bergeron

84 NDA

Stuck a superior officer

Guilty

Reduction in rank, severe reprimand, and $1,500 fine

N/A

Edmonton, AB

Edmonton, AB

English

130 NDA(266 Criminal Code)

Assault

Withdrawn

7

SCM

2Lt Brunelle

93 NDA

Behaved in a disgraceful manner

Guilty

Severe reprimand and $3,000 fine

N/A

Gagetown, NB

Gagetown, NB

English

8

GCM

Cpl Cadieux

127 NDA

Injurious handling of a dangerous substance

Guilty

21 days imprisonment

N/A

Petawawa, ON

Petawawa, ON

English

9

SCM

MWO Chapman

130 NDA(271 Criminal Code)

Sexual assault

Stayed

Reduction in rank and $2500 fine

N/A

Gatineau, QC

Cyprus

English

93 NDA

Behaved in a disgraceful manner

Guilty

10

SCM

Capt Christensen

130 NDA(271 Criminal Code)

Sexual assault

Stayed

Reduction in rank

N/A

Kingston, ON

Kingston, ON

English

93 NDA

Behaved in a disgraceful manner

Guilty

11

SCM

Sgt Charette

86 NDA

Quarrels and disturbances

Guilty

Severe reprimand and $1,000 fine

N/A

Saint-Jean-sur-Richelieu, QC

Montréal, QC

French

86 NDA

Quarrels and disturbances

Guilty

85 NDA

Used threatening language toward a superior officer

Guilty

85 NDA

Used threatening language toward a superior officer

Guilty

12

SCM

Sgt Conway

(2 referrals)

83 NDA

Disobeyed lawful command

Guilty

1 day Detention (credit of 39 days pre-trial custody), reduction in rank and $1,000 fine

N/A

Kingston, ON

Kingston, ON

English

88 NDA

Deserted

Guilty to lesser and included offence of s.90 NDA

129 NDA

Conduct to the prejudice

Guilty

90 NDA

AWOL

Not Guilty

101.1 NDA

Failed to comply with a condition of an undertaking given under Division 3

Guilty

13

SCM

Cpl Crabtree-Megahy

129 NDA

Conduct to the prejudice

Guilty

$500 fine

N/A

Edmonton, AB

Borden, ON

English

85 NDA

Behaved with contempt toward a superior officer

Withdrawn

14

SCM

Pte Cubias-Gonzalez

130 NDA(268 Criminal Code)

Aggravated assault

Stayed

N/A

N/A

Borden, ON

Kingston, ON

English

97 NDA

Drunkenness

Stayed

86 NDA

Quarrels and Disturbances

Stayed

15

SCM

Gnr Curkowskyj

129 NDA

Conduct to the prejudice

Guilty

$200 fine

N/A

Shilo, MB

Shilo, MB

English

16

SCM

Pte Curran

130 NDA(5(2) CDSA)

Trafficking in a substance

Not Guilty

20 days imprisonment and $1,000 fine

N/A

Gagetown, NB

Gagetown, NB

English

130 NDA(5(2) CDSA)

Trafficking in a substance

Not Guilty

130 NDA(4(1) CDSA)

Possession of a substance

Guilty

130 NDA(4(1) CDSA)

Possession of a substance

Guilty

17

SCM

MCpl Daigle

117(f) NDA

An act of fraudulent nature

Guilty

Reprimand and $1,000 fine

N/A

Halifax, NS

Halifax, NS

English

125(a) NDA

Wilfully made false statement in a document required for official purpose

Not Guilty

18

SCM

MCpl Desjardins

129 NDA

Conduct to the prejudice

Guilty

Reprimand and $500 fine

N/A

Kingston, ON

Kingston, ON

English

129 NDA

Conduct to the prejudice

Guilty

19

SCM

Cpl Desroches

83 NDA

Disobeyed a lawful command of a superior officer

Not Guilty

Reprimand and $500 fine

N/A

Gagetown, NB

Saint-John, NB

English

129 NDA

Conduct to the prejudice

Guilty

20

SCM

MCpl Downer

130 NDA(380(1) Criminal Code)

Fraud

Not Guilty

Severe reprimand and $1,500 fine

N/A

Trenton, ON

Treonton, ON and Ottawa, ON

English

117(f) NDA

Act of fraudulent nature

Guilty

117(f) NDA

Act of fraudulent nature

Not Guilty

125(a) NDA

Wilfully made a false entry in a document that was required for official purposes

Guilty

125(a) NDA

Wilfully made a false entry in a document that was required for official purposes

Guilty

21

GCM

MWO Fancy

129 NDA

Conduct to the prejudice

Guilty

Reduction in rank and $300 fine

N/A

Halifax, NS

Halifax, NS

English

129 NDA

Conduct to the prejudice

Guilty

129 NDA

Conduct to the prejudice

Guilty

130 NDA(419 Criminal Code)

Unlawful use of military uniforms or certificates

Withdrawn

130 NDA(419 Criminal Code)

Unlawful use of military uniforms or certificates

Withdrawn

22

SCM

WO Fortin

116 NDA

Wasted public property

Not Guilty

N/A

N/A

Valcartier, QC

Saint-Léonard-de-Portneuf, QC

French

116 NDA

Improperly sold public property

Not Guilty

129 NDA

An act to the prejudice

Not Guilty

23

SCM

WO Funk

125(a) NDA

Wilfully made a false entry in a document that was required for official purpose

Not Guilty

Reprimand and $1,750 fine

N/A

Oromocto, NB

Gagetown, NB

English

129 NDA

An act to the prejudice

Guilty

116(a) NDA

Wilfully damage public property

Guilty

24

SCM

WO Gagnon

129 NDA

An act to the prejudice

Guilty

$400 fine

N/A

Valcartier, QC

Quebec, QC

French

25

SCM

Cpl Golzari

85 NDA

Behaved with contempt toward a superior officer

Non-prima Facie

N/A

N/A

Kingston, ON

Kingston, ON

English

130 NDA(129(a) Criminal Code)

Obstructing a peace officer

Non-prima Facie

129 NDA

Conduct to the prejudice

Non-prima Facie

26

SCM

Maj Hamelin

129 NDA

An act to the prejudice

Guilty

Reprimand and $1,800 fine

N/A

Gatineau, QC

Ottawa, ON

English

27

GCM

Cpl Hoekstra

130 NDA(5(2) CDSA)

Trafficking of a substance

Guilty of included offence possession

60 days imprisonment

N/A

Petawawa, ON

Petawawa, ON

English

114 NDA

Stealing

Stayed

115 NDA

Receiving property obtained by the commission of a service offence

Guilty

130 NDA(92(2) Criminal Code)

Knowledge of unauthorized possession of a prohibited device

Guilty

130 NDA(91(2) Criminal Code)

Unauthorized possession of a prohibited device

Stayed

130 NDA(91(2) Criminal Code)

Unauthorized possession of a prohibited device

Withdrawn

130 NDA(86(1) Criminal Code)

Careless storage of a firearm

Withdrawn

130 NDA(86(2) Criminal Code)

Careless storage of a firearm

Withdrawn

130 NDA(86(1) Criminal Code)

Careless storage of ammunition

Withdrawn

130 NDA(82(1) Criminal Code)

Possession of explosives for an unlawful purpose

Guilty

130 NDA(95 Criminal Code)

Possession of a prohibited firearm

Withdrawn

28

SCM

MCpl Jackson

130 NDA(271 Criminal Code)

Sexual assault

Not Guilty

N/A

N/A

Gatineau, QC

Ottawa, ON

English

93 NDA

Behaved in a disgraceful manner

Not Guilty

29

GCM

LS Korolyk

129 NDA

An act to the prejudice

Guilty

$250 fine

N/A

Esquimalt, BC

Esquimalt, BC

English

129 NDA

An act to the prejudice

Guilty

30

SCM

Sgt Laferrière

130 NDA(271 Criminal Code)

Sexual assault

Guilty included offence of assault (s 266 Criminal Code)

Severe reprimand and $2,500 fine

N/A

Bagotville, QC

La Baie, QC

French

95 NDA

Ill-treated a person who by reason of rank is a subordinate

Guilty

97 NDA

Drunkenness

Guilty

31

SCM

Sgt Landry

130 NDA(4(1) CDSA)

Possession of a substance

Guilty

Reduction in rank and $500 fine

N/A

Petawawa, ON

Petawawa, ON

English

129 NDA

Conduct to the prejudice

Guilty

32

SCM

Sgt Ledoux

129 NDA

Conduct to the prejudice

Withdrawn

Reprimand and $1,500 fine

N/A

Petawawa, ON

Lviv, Ukraine

English

129 NDA

Conduct to the prejudice

Withdrawn

97 NDA

Drunkenness

Guilty

33

SCM

Cpl Lefebvre

85 NDA

Behaved with contempt toward a superior officer

Guilty

$500 fine

N/A

Ottawa, ON

Ottawa, ON

English

85 NDA

Behaved with contempt toward a superior officer

Not Guilty

129 NDA

An act to the prejudice

Not Guilty

34

SCM

MCpl Lévesque

85 NDA

Behaved with contempt toward a superior officer

Guilty

Reprimand and $850 fine

N/A

Petawawa, ON

Petawawa, ON

English

35

SCM

Capt MacDonald

129 NDA

Neglect to the prejudice

Guilty

$200 fine

N/A

Edmonton, AB

Suffield, AB

English

36

SCM

Bdr MacNeil

129 NDA

Conduct to the prejudice

Guilty

$200 fine

N/A

Shilo, MB

Shilo, MB

English

37

SCM

WO Misiaczyk

130 NDA(267(b) Criminal Code)

Assault causing bodily harm

Not Guilty

15 days detention

N/A

Petawawa, ON

Corner Brook, NL

English

95 NDA

Struck a person who by reason of rank was subordinate to him

Guilty

97 NDA

Drunkenness

Not Guilty

38

SCM

Sgt Mooney

129 NDA

An act to the prejudice

Mistrial

N/A

N/A

Borden, ON

Borden, ON

English

39

SCM

MCpl Morton

130 NDA(221 Criminal Code)

Causing bodily harm by criminal negligence

Withdrawn

90 days detention (suspended) and reduction in rank (to Pte)

N/A

Oromocto, NB

Gagetown, NB

English

124 NDA

Negligent performance of a military duty

Guilty

129 NDA

Conduct to the prejudice

Guilty

40

SCM

Cpl Nicholle

114 NDA

Stealing

Not Guilty

Reprimand and $500 fine

Petawawa, ON

Petawawa, ON

English

115 NDA

Retained property obtained by the commission of a service offence

Guilty

130 NDA(354(1) Criminal Code)

Possession of property obtained by crime

Stayed

41

SCM

OS Penner

117(b) NDA

Improperly demanded compensation in respect of the performance of a military duty

Guilty

Reprimand and $800 fine

N/A

Esquimalt, BC

Esquimalt, BC

English

129 NDA

An act to the prejudice

Withdrawn

129 NDA

An act to the prejudice

Withdrawn

42

SCM

Cpl Pichette

86 NDA

Quarrels and disturbances

Guilty

Reprimand and $650 fine

N/A

Montreall, QC

Gagetown, NB

French

86 NDA

Used provoking speech toward a person subject to the Code of service discipline

Guilty

43

SCM

Bdr Plante

130 NDA(266 Criminal Code)

Assault

Stayed

Reprimand and $1,000 fine

N/A

Valcartier, QC

Québec, QC

French

129 NDA

Conduct to the prejudice

Guilty

44

SCM

Pte Poirier

88 NDA

Deserted

Guilty included offence of Absent without leave (90 NDA)

$800 fine

N/A

Edmonton, AB

Edmonton, AB

English

45

SCM

Avr Recollet

130 NDA(4(1) CDSA)

Possession of a substance

Guilty

Reprimand and $700 fine

N/A

Cold Lake, AB

Cold Lake, AB

English

46

SCM

MGen Rouleau

129 NDA

Neglect to the prejudice

Guilty

$2,000 fine

N/A

Ottawa, ON

Iraq

English

47

SCM

Cpl Sketcher

130 NDA(264.1(1) Criminal Code)

Uttering threats

Not Guilty

N/A

N/A

Trenton, ON

Trenton, ON

English

86 NDA

Used provoking speeches toward a person subject to the Code of Service Discipline

Not Guilty

130 NDA(264.1(1) Criminal Code)

Uttering threats

Not Guilty

48

SCM

Lt Soares

117(f) NDA

An act of fraudulent nature

Withdrawn

Severe reprimand and $3,000

N/A

Gatineau, QC

Ottawa, ON

English

98 NDA

Delaying the cure to infirmity by wilful disobedience of orders

Withdrawn

98 NDA

Feigned infirmity

Withdrawn

125 NDA

Wilfully made a false entry in a document made by her that was required for an official purpose

Withdrawn

129 NDA

An act to the prejudice

Guilty

49

SCM

MS Steven

129 NDA

Conduct to the prejudice

Guilty

Severe reprimand and $3,000

N/A

Victoria, BC

HMCS Whitehorse

English

97 NDA

Drunkenness

Guilty

50

SCM

Maj St-Pierre

130 NDA(271 Criminal Code)

Sexual assault

Stayed

Reduction in rank, severe reprimand, and $5,000 fine

N/A

Valcartier, QC

Valcartier, QC and Shawinigan, QC

French

93 NDA

Behaved in a disgraceful manner

Guilty

97 NDA

Drunkenness

Guilty

130 NDA(271 Criminal Code)

Sexual assault

Stayed

93 NDA

Behaved in a disgraceful manner

Guilty

97 NDA

Drunkenness

Guilty

130 NDA(271 Criminal Code)

Sexual assault

Stayed

93 NDA

Behaved in a disgraceful manner

Guilty

51

SCM

LS Thiele

130 NDA(5(1) CDSA)

Trafficking in a substance

Guilty

14 months and 28 days imprisonment

N/A

Victoria, BC

Victoria, BC

English

130 NDA(5(1) CDSA)

Trafficking in a substance

Guilty

130 NDA(5(1) CDSA)

Trafficking in a substance

Guilty

52

SCM

Cpl Watson

130 NDA(82(1) Criminal Code)

Possession of explosives without lawful excuse

Not Guilty

N/A

N/A

Petawawa, ON

Petawawa, ON

English

53

SCM

WO Wellowszky

130 NDA(266 Criminal Code)

Assault

Withdrawn

Reduction in rank, reprimand, and $1,000 fine

N/A

Toronto, ON

Toronto, ON

English

93 NDA

Behaved in a disgraceful manner

Guilty

129 NDA

Conduct to the prejudice

Guilty

54

SCM

OCdt Whitehead

130 NDA(271 Criminal Code)

Sexual assault

Not Guilty

N/A

N/A

Kingston, ON

Kingston, ON

English

130 NDA (271 Criminal Code)

Sexual assault

Not Guilty

83 NDA

Disobeyed a lawful command

Not Guilty

55

SCM

Cdr Yanchus

129 NDA

Conduct to the prejudice

Not Guilty

N/A

N/A

Esquimalt, BC

Hawaii, USA

English

97 NDA

Drunkenness

Not Guilty

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