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Annex C — Overview of the Referral Process

Overview of the Referral Process

For graph breakdown, refer to the list below:

Step 1 - Step 4

Path A

  1. Alleged Service Offence Committed
  2. Unit Investigation (minor offences) 1
  3. Pre-Charge Advice by Unit Legal Advisor (Deputy Judge Advocate – DJA) 2
  4. Charges Laid 3

Path B

  1. Alleged Service Offence Committed
  2. Military Police Investigation 
  3. Pre-Charge Advice by Unit Legal Advisor (Deputy Judge Advocate – DJA) 2
  4. Charges Laid 3

Path C

  1. Alleged Service Offence Committed 
  2. Canadian Forces National Investigation Service (CFNIS) Investigation (serious or sensitive offences)
  3. Pre-Charge Advice by Regional Military Prosecutor (RMP) 2
  4. Charges Laid 3

 

Step 4 - Step 6/7

Path A

  1. Charges Laid 3
  2. No Election – Summary Trial Only 4
  3. Summary Trial

Path B

  1. Charges Laid 3
  2. Choice to Elect to be Tried by Court Martial 5
  3. Summary Trial

Path C

  1. Charges Laid 3
  2. Choice to Elect to be Tried by Court Martial 5
  3. Unit Refers to Referral Authority (RA), RA Refers to DMP 7
  4. Post-Charge Review 8

Path D

  1. Charges Laid 3
  2. No Election Given – Automatic Court Martial 6
  3. Unit Refers to Referral Authority (RA), RA Refers to DMP 7
  4. Post-Charge Review 8

 

Step 7 - Step 8/11

Path A

  1. Post-Charge Review 8
  2. Charges not Preferred

Path B

  1. Post-Charge Review 8
  2. Charges Preferred
  3. Court Martial Scheduled and Convened
  4. Pre-Trial Applications
  5. Trial (SCM or GCM) 9
  6. Appeal to CMAC 10
  7. Appeal to SCC 11

Footnotes

1 See QR&O 106 “Investigation of Service Offences”.

 2 Pre-charge advice is always advisable. Advice is mandatory under the circumstances in QR&O 107.03. See DMP Policy Directive 002/99 Pre-Charge Screening.

3 See QR&O 107 “Preparation, Laying and Referral of Charges”.

4 Offences listed in QR&O 108.17(1)(a) must be tried by summary trial where the circumstances do not warrant punishment of detention, reduction in rank, or a fine greater than 25% of monthly pay under (1)(b).

5 Accused may elect court martial for offences listed in 108.17(1)(a) where the warranted punishment exceeds those in (1)(b), and offences listed in QR&O 108.07(2),(3).

6 Offences not listed in QR&O 108.07(2),(3) or where the accused is a LCol or higher must be tried by court martial.

7 See QR&O 109 “Application for Referral Authority for Disposal of a Charge”.

8 See DMP Policy Directive 003/00 Post-Charge Review.

9 See QR&O 111 “Convening of Courts Martial and Pre-trial Administration”.

10 See DMP Policy Directive 015/04 Appeals; QR&O 115 “Appeals from Courts Martial”; sections 230 and 230.1 of the National Defence Act.

11 See DMP Policy Directive 015/04 Appeals; QR&O 115 “Appeals from Courts Martial”;  section 245 of the National Defence Act.

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