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ARCHIVED - Annex F: Court Martial Year in Review (Statistics: 1 April 2008 - 31 March 2009)

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We have archived this page and will not be updating it.

You can use it for research or reference.

Courts Martial by Type

Types of Courts Martial 2007-2008 2008-2009
Amount Percentage Amount Percentage
Standing Court Martial 63 81 51 76
Disciplinary Court Martial*** 15 19 10 15
General Court Martial 0 0 6 9
Total 78* 100 67** 100

Alert: Additional figure information

* This figure comprises 1 joint trial, which tried 2 accused.

** This figure comprises 2 joint trials, which tried 4 accused.

*** Bill C-60 came into force on 18 July 2008 reducing the types of courts martial from four to two. Therefore, the disciplinary and special courts martial were eliminated.

Summary of Charges

NDA Article Description 2007-2008
Amount		 2008-2009
Amount
74 (c) Failed to use the utmost exertion to carry order into effect 1 0
75 Offences related to security 0 1
83 Disobedience of lawful command 11 13
84 Striking or offering violence to a superior officer 4 0
85 Insubordinate behaviour 6 1
86 Quarrels and disturbances 3 1
87(c) Resisted an escort while being apprehended 1 0
87(d) Broke out of barracks 1 0
90 Absent without leave 10 13
92 Scandalous conduct by officers 0 1
93 Cruel or disgraceful conduct 5 3
95 Abuse of subordinates 5 1
97 Drunkenness 10 3
101.1 Failure to comply with conditions 1 0
111 (1)(c) Improper driving of vehicle 1 0
112 (a) Unauthorized use of a CF vehicle 1 3
114 Stealing 10 4
115 Receiving 0 1
116 Destruction, damage, loss or improper disposal 3 3
117(b) Improperly accepting compensation 5 0
117(f) An act of a fraudulent nature 14 8
118 Contempt of service tribunal 0 1
118(2)(e) Caused a disturbance at service tribunal 1 0
118.1 Failure to appear or attend 1 0
122 False answers or false information 0 2
124 Negligent performance of a military duty 0 12
125(a) Wilfully (or negligently) made a false entry 43 16
125 (c) With intent to deceive, alters a document required for an official purpose 0 5
127 Negligent handling of dangerous substance 0 3
129 An act to the prejudice of good order and discipline 16 12
129 Conduct to the prejudice of good order and discipline 24 16
129 Neglect to the prejudice of good order and discipline 1 7
130 (4(1) CDSA)* Possession of substances 4 7
130 (5(1) CDSA) Trafficking in substance 19 11
130 (5(2) CDSA) Possession for purpose of trafficking 0 3
130 (80 (d) FAA)** Wilfully signed a false certificate 5 0
130 (80(d) CC)*** Dangerous handling of explosive substance 0 1
130 (82(1) CC) Possession without lawful excuse of an explosive substance 0 1
130 (86(1) CC) Careless use of a firearm 2 2
130 (87 CC) Pointing a firearm 1 0
130 (122 CC) Breach of trust by public officer 0 3
130 (129 CC) Offences relating to public or peace officer 0 1
130 (140(1) CC) Public mischief 1 0
130 (153 CC) Sexual exploitation 0 4
130 (163.1(4.1)) CC) Accessing child pornography 3 0
130 (163.1(4) CC) Possession of child pornography 9 0
130 (236 CC) Manslaughter 0 1
130 (264.1 CC) Uttering threats 0 3
130 (266 CC) Assault 8 5
130 (267(a) CC) Assault with a weapon 5 1
130 (267(b) CC) Assault causing bodily harm 3 2
130 (270(1) CC) Assaulting a peace officer 2 0
130 (271 CC) Sexual assault 8 3
130 (362(1)(a) CC) False pretences 2 0
130 (367 CC) Forgery 14 3
130 (368 CC) Uttering a forged document 11 3
130 (380(1) CC) Fraud 13 1
130 (430 CC) Mischief in relation to data 0 2
Total Offences 288 187

Alert: NDA Articles

For statistics relating to prior years, refer to previous JAG Annual Reports.

* Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].

** Financial Administrative Act, R.S.C., 1985, c. F-11 [FAA].

*** Criminal Code, R.S.C., 1985, c. C-46 [CC].

Disposition by Case

Disposition 2007-2008 2008-2009
Amount Percentage Amount Percentage
Found/Plead Guilty to at least one charge 61 78 52 78
Not Guilty of all charges 12 16 9 13
Stay of Proceedings on all charges 3 4 1 1
Withdrawal of all charges at court martial 1 1 1 1
Other (Proceedings terminated) 1 1 4 6
Total 78 100 67 100

Sentences

Punishment Type 2007-2008 2008-2009
Dismissal 1 3
Imprisonment 10 7
Detention 7 2
Reduction in Rank 2 6
Forfeiture of Seniority 0 0
Severe Reprimand 16 16
Reprimand 18 15
Fine 44 40
Minor punishments: Caution 1 1
Total 99 90

Alert: Multiple punishments

More than one type of punishment can be included in a sentence.

Language of Courts Martial

Language 2007-2008 2008-2009
Amount Percentage Amount Percentage
English 71 91 53 79
French 7 9 14 21
Total 78 100 67 100

Courts Martial by Command

Command 2007-2008 2008-2009
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff (VCDS) 1 1 5 8
Associate Deputy Minister (Information Management) (ADM (IM)) 0 0 3 4
Associate Deputy Minister (Finance and Corporate Services) (ADM (FIN CS)) 2 3 0 0
Chief of the Maritime Staff (CMS) 14 18 11 16
Chief of the Land Staff (CLS) 38 49 32 48
Chief of the Air Staff (CAS) 9 12 6 9
Canadian Expeditionary Force Command (CEFCOM) 1 1 3 4
Canadian Operational Support Command (CANOSCOM) 1 1 0 0
Canadian Special Operations Forces Command (CANSOFCOM) 0 0 1 2
Chief of Military Personnel (CMP) 12 15 6 9
Total 78 100 67 100

Courts Martial by Rank

Rank 2007-2008 2008-2009
Private and Corporal (includes Master-Corporal*) 48 42
Sergeant to Chief Warrant Officer 14 12
Officer 16 13
Total 78 67

Alert: About Master-Corporal

* Master Corporal is not a rank. It is an appointment pursuant to QR&O article 3.08.

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2018-12-13