ARCHIVED - Annex: Military Justice Statistics - 2010-11
Alert: Current and Past Statistics
- The statistics in this annex are current as of 1 March 2013.
- For statistics relating to prior years, refer to previous JAG Annual Reports.
Alert: Past Statistics
* There were 69 courts martial and 70 accused (one joint trial).
SUMMARY TRIALS, COURTS MARTIAL AND APPEALS
Year in Review – Statistics:
1 April 2010 – 31 March 2011
SUMMARY TRIALS REPORTING
1 April 2010 – 31 March 2011
Distribution of Service Tribunals
| Tribunals | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Number of courts martial | 56 | 3 | 69* | 4 |
| Number of summary trials | 1944 | 97 | 1770 | 96 |
| Total | 2000 | 100 | 1839 | 100 |
Language of Summary Trials
| Language | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Number in English | 1433 | 74 | 1319 | 75 |
| Number in French | 511 | 26 | 451 | 25 |
| Total | 1944 | 100 | 1770 | 100 |
Distribution of Disciplinary Proceedings Year to Year Comparison (Bar Graph Image and Table)
Distribution of Disciplinary Proceedings Table
| Disciplinary Proceedings | Year 00-01 | Year 01-02 | Year 02-03 | Year 03-04 | Year 04-05 | Year 05-06 | Year 06-07 | Year 07-08 | Year 08-09 | Year 09-10 | Year 10-11 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Number of Courts Martial | 63 | 67 | 73 | 56 | 64 | 40 | 67 | 78 | 65 | 56 | 69 |
| Number of Summary Trials | 1156 | 1195 | 1693 | 1736 | 1481 | 1604 | 1737 | 2041 | 1934 | 1944 | 1770 |
Referral and Disposal of Charges
| Types of Cases | 2010-2011 | |
|---|---|---|
| Amount | Percentage | |
| Cases proceeded with at summary trial | 1770 | 91.23 |
| Cases not proceeded with at summary trial | 7 | 0.36 |
| Cases referred for disposal by court martial: Election by accused | 49 | 2.53 |
| Cases referred for disposal by court martial: Direct referral | 114 | 5.88 |
Elections to Court Martial
| Type of offer | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Number of elections offered to be tried by courts martial | 578 | 4.67 | 663 | 7.39 |
Summary Trials by Rank
| Ranks | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Private and Corporal (includes Master Corporal*) | 1748 | 89.91 | 1542 | 87.12 |
| Sergeant to Chief Warrant Officer | 71 | 3.65 | 64 | 3.62 |
| Officer | 125 | 6.44 | 164 | 9.26 |
| Total | 1944 | 100 | 1770 | 100 |
Summary of Charges
| NDA Article | Description | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | ||
| 83 | Disobedience of lawful command | 55 | 2.13 | 66 | 2.80 |
| 84 | Striking or offering violence to a superior | 3 | 0.12 | 5 | 0.21 |
| 85 | Insubordinate behaviour | 87 | 3.36 | 97 | 4.11 |
| 86 | Quarrels and disturbances | 64 | 2.47 | 42 | 1.80 |
| 87 | Resisting or escaping from arrest or custody | 4 | 0.15 | 7 | 0.30 |
| 90 | Absence without leave | 716 | 27.68 | 733 | 31.05 |
| 91 | False statement in respect of leave | 2 | 0.08 | 1 | 0.04 |
| 93 | Cruel or disgraceful conduct | 5 | 0.19 | 4 | 0.17 |
| 95 | Abuse of subordinates | 11 | 0.43 | 13 | 0.55 |
| 96 | Making false accusations or statements or suppressing facts | 1 | 0.04 | 0 | 0.00 |
| 97 | Drunkenness | 173 | 6.69 | 130 | 5.51 |
| 98 | Malingering or Maiming | 0 | 0 | 1 | 0.04 |
| 101 | Escape from custody | 0 | 0 | 4 | 0.17 |
| 101.1 | Failure to comply with conditions | 8 | 0.31 | 3 | 0.13 |
| 108 | Signing inaccurate certificate | 1 | 0.04 | 0 | 0.00 |
| 111 | Improper driving of vehicles | 4 | 0.15 | 7 | 0.30 |
| 112 | Improper use of vehicles | 12 | 0.46 | 9 | 0.38 |
| 113 | Causing fires | 0 | 0 | 1 | 0.04 |
| 114 | Stealing | 21 | 0.81 | 33 | 1.40 |
| 115 | Receiving | 2 | 0.08 | 1 | 0.04 |
| 116 | Destruction, damage, loss or improper disposal | 17 | 0.66 | 7 | 0.30 |
| 117 | Miscellaneous offences | 14 | 0.54 | 2 | 0.08 |
| 124 | Negligent performance of military duty | 1 | 0.04 | 2 | 0.08 |
| 125 | Offences in relation to documents | 8 | 0.31 | 23 | 0.97 |
| 127 | Injurious or destructive handling of dangerous substances | 2 | 0.08 | 3 | 0.13 |
| 129* | Conduct to the prejudice of good order and discipline – Negligent discharge | 523 | 20.21 | 442 | 18.71 |
| 129* | Conduct to the prejudice of good order and discipline (Excluding negligent discharge) | 813 | 31.41 | 691 | 29.25 |
| 130 | Service trial of civil offences | 41 | 1.60 | 35 | 1.48 |
| Total | 2588 | 100 | 2362 | 100 | |
Summary Trials by Command
| Commands | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Vice Chief of the Defence Staff | 3 | 0.15 | 4 | 0.22 |
| Canada Command | 50 | 2.57 | 31 | 1.75 |
| Canada Operational Support Command | 1 | 0.05 | 2 | 0.17 |
| Canada Special Operations Forces Command | 23 | 1.18 | 16 | 0.90 |
| Canada Expeditionary Force Command | 196 | 10.08 | 247 | 13.96 |
| Chief of the Maritime Staff | 271 | 13.94 | 260 | 14.69 |
| Chief of the Land Staff | 858 | 44.13 | 712 | 40.19 |
| Chief of the Air Staff | 71 | 3.65 | 88 | 4.97 |
| Chief Military Personnel | 469 | 24.12 | 399 | 22.55 |
| Assistant Deputy Minister (Information Management) | 0 | 0 | 8 | 0.45 |
| Assistant Deputy Minister (Materiel) | 2 | 0.10 |
3 | 0.16 |
| Total | 1944 | 100 | 1770 | 100 |
Findings by Charge
| Charges | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Guilty | 2353 | 90.92 | 2195 | 92.92 |
| Guilty – Special Finding | 3 | 0.20 | 15 | 0.64 |
| Guilty of included offence | 7 | 0.27 | 0 | 0.00 |
| Not guilty | 140 | 5.41 | 95 | 4.02 |
| Charge stayed | 76 | 2.95 | 47 | 1.99 |
| Charge not proceeded with | 9 | 0.35 | 10 | 0.42 |
| Total | 2588 | 100 | 2362 | 100 |
Punishments
| Types of Punishments | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Detention (suspended) | 6 | 0.24 | 7 | 0.30 |
| Detention | 47 | 1.87 | 56 | 2.40 |
| Reduction in rank | 3 | 0.12 | 3 | 0.13 |
| Severe reprimand | 2 | 0.08 | 4 | 0.17 |
| Reprimand | 62 | 2.47 | 50 | 2.14 |
| Fine | 1515 | 60.34 | 1459 | 62.52 |
| Confinement to ship or barracks | 681 | 27.10 | 575 | 24.66 |
| Extra work and drill | 131 | 5.22 | 121 | 5.19 |
| Stoppage of leave | 22 | 0.88 | 23 | 0.99 |
| Caution | 42 | 1.67 | 35 | 1.50 |
| Total | 2511 | 100 | 2333 | 100 |
Requests for Review
| Types of Requests | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Requests for review based on finding | 19 | 48.71 | 11 | 31.44 |
| Requests for review based on sentence | 11 | 28.21 | 12 | 34.28 |
| Requests for review based on finding & sentence | 9 | 23.08 | 12 | 34.28 |
| Total | 39 | 100 | 35 | 100 |
Decisions of Review Authority
| Types of Decisions | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Upholds decision | 11 | 28.20 | 4 | 11.43 |
| Quashes findings | 22 | 56.41 | 22 | 62.86 |
| Substitutes punishment | 4 | 10.26 | 6 | 17.14 |
| Mitigates / commutes / remits punishment | 2 | 5.13 | 3 | 8.57 |
| Total | 39 | 100 | 35 | 100 |
COURT MARTIAL REPORTING
1 April 2010 – 31 March 2011
Courts Martial by Type
| Types of Courts Martial | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Standing Court Martial | 48 | 88 | 66 | 96 |
| General Court Martial | 8 | 12 | 3 | 4 |
| Total | 56 | 100 | 69* | 100 |
Language of Courts Martial
| Language | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| English | 46 | 82 | 51 | 73 |
| French | 10 | 18 | 19 | 27 |
| Total | 56 | 100 | 70 | 100 |
Courts Martial by Rank
| Ranks | 2009-2010 | 2010-2011 |
|---|---|---|
| Private and Corporal (includes Master-Corporal*) | 42 | 42 |
| Sergeant to Chief Warrant Officer | 9 | 12 |
| Officer | 5 | 16** |
| Total | 56 | 70 |
Summary of Charges
| NDA Article | Description | 2009-2010 | 2010-2011 |
|---|---|---|---|
| 75 | Offences related to security | 3 | 1 |
| 83 | Disobedience of lawful command | 8 | 5 |
| 84 | Striking or offering violence to a superior officer | 1 | 2 |
| 85 | Insubordinate behaviour | 1 | 6 |
| 86 | Quarrels and disturbances | 5 | 3 |
| 87 | Resisting or escaping from arrest or custody | 0 | 1 |
| 88 | Desertion | 1 | 0 |
| 90 | Absent without leave | 11 | 16 |
| 93 | Cruel or disgraceful conduct | 6 | 6 |
| 95 | Abuse of subordinates | 3 | 2 |
| 96 | Making false accusations or statements or suppressing facts | 1 | 0 |
| 97 | Drunkenness | 10 | 5 |
| 101.1 | Failure to comply with conditions | 9 | 6 |
| 114 | Stealing | 10 | 9 |
| 116 | Destruction, damage, loss or improper disposal | 5 | 5 |
| 117(f) | An act of a fraudulent nature | 8 | 14 |
| 118.1 | Failure to appear or attend | 1 | 0 |
| 122 | False answers or false information | 0 | 1 |
| 124 | Negligent performance of a military duty | 5 | 9 |
| 125(a) | Wilfully (or negligently) made a false entry | 1 | 15 |
| 129 | Conduct to the prejudice of good order and discipline | 25 | 49 |
| 130 (4(1) CDSA)* | Possession of substances | 3 | 0 |
| 130 (5(1) CDSA) | Trafficking in substance | 7 | 4 |
| 130 (82(1) CC)** | Possession without lawful excuse of an explosive substance | 1 | 0 |
| 130 (86(1) CC) | Careless use of a firearm | 1 | 1 |
| 130 (87 CC) | Pointing a Firearm | 0 | 2 |
| 130 (91(1) CC) | Unauthorized possession of a firearm | 0 | 3 |
| 130 (95 CC) | Possession of prohibited or restricted firearm with ammunition | 0 | 1 |
| 130 (104(1) CC) | Unauthorized importing and exporting | 0 | 2 |
| 130 (121(1)(c) CC) | Fraud on government | 2 | 0 |
| 130 (130 CC) | Personating peace officer | 0 | 1 |
| 130 (139 CC) | Obstructing justice | 0 | 1 |
| 130 (140(1) CC) | Public mischief | 1 | 2 |
| 130 (151 CC) | Sexual interference | 1 | 0 |
| 130 (153 CC) | Sexual exploitation | 2 | 1 |
| 130 (163.1(4) CC) | Possession of child pornography | 2 | 0 |
| 130 (173) CC) | Indecent Acts | 1 | 0 |
| 130 (220 (a) CC) | Criminal death by negligence where firearm is used | 1 | 0 |
| 130 (235(1) CC) | Second degree murder | 0 | 1 |
| 130 (236 CC) | Manslaughter | 1 | 0 |
| 130 (239(1) (a.1) CC) | Attempt to commit murder using firearm | 0 | 1 |
| 130 (249 (3) CC) | Dangerous operation causing bodily harm | 1 | 0 |
| 130 (253 (a) CC) | Operation while impaired | 1 | 0 |
| 130 (264.1 CC) | Uttering threats | 4 | 1 |
| 130 (264 (3) CC) | Criminal Harassment | 1 | 0 |
| 130 (266 CC) | Assault | 4 | 5 |
| 130 (267 CC) | Assault with a weapon or causing bodily harm | 1 | 2 |
| 130 (269 CC) | Unlawfully causing bodily harm | 0 | 3 |
| 130 (270(1) CC) | Assaulting a peace officer | 1 | 0 |
| 130 (271 CC) | Sexual assault | 12 | 9 |
| 130 (272(1) CC) | Sexual assault with a weapon | 0 | 1 |
| 130 (334 CC) | Punishment for theft - value stolen does not exceed $5000 | 1 | 0 |
| 130 (348 CC) | Breaking and entering | 0 | 2 |
| 130 (349(1) CC) | Being unlawfully in dwelling-house | 0 | 2 |
| 130 (362(1)(a) CC) | False pretences | 1 | 0 |
| 130 (367 CC) | Forgery | 2 | 0 |
| 130 (368 CC) | Uttering a forged document | 2 | 3 |
| 130 (380(1) CC) | Fraud | 2 | 6 |
| 130 (430(1.1) CC) | Mischief in relation to data | 6 | 0 |
| 130 (437 CC) | False alarm of fire | 0 | 1 |
| 130(733.1(1) CC) | Failure to comply with probation order | 5 | 0 |
| Total Offences | 181 | 210 | |
Courts Martial by Command
| Commands | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Vice Chief of the Defence Staff | 0 | 0 | 5 | 7.14 |
| Canada Operational Support Command | 1 | 1.79 | 2 | 2.86 |
| Canada Expeditionary Force Command | 0 | 0 | 2 | 2.86 |
| Chief of the Maritime Staff | 11 | 19.64 | 5 | 7.14 |
| Chief of the Land Staff | 32 | 57.14 | 35 | 50 |
| Chief of the Air Staff | 6 | 10.71 | 9 | 12.86 |
| Chief of Military Personnel | 4 | 7.14 | 11 | 15.71 |
| Assistant Deputy Minister (Information Management) | 2 | 3.57 | 1 | 1.43 |
| Total | 56 | 100 | 70 | 100 |
Disposition by Case
| Cases | 2009-2010 | 2010-2011 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Found/Plead Guilty to at least one charge | 45 | 80 | 62 | 89 |
| Not Guilty of all charges | 11 | 20 | 8 | 11 |
| Total | 56 | 100 | 70 | 100 |
Sentences
| Types of Sentences | 2009-2010 | 2010-2011 |
|---|---|---|
| Dismissal | 3 | 2 |
| Imprisonment | 10 | 7 |
| Detention | 4 | 6 |
| Reduction in Rank | 3 | 4 |
| Severe Reprimand | 11 | 18 |
| Reprimand | 11 | 15 |
| Fine | 33 | 49 |
| Minor punishments: Caution | 1 | 0 |
| Total | 76 | 101 |
APPEALS REPORTING
1 April 2010- 31 March 2011
Decisions Rendered on Appeals
| Court | 2009-2010 | 2010-2011 |
|---|---|---|
| Court Martial Appeal Court of Canada | 8 | 7 |
| Supreme Court of Canada | 0* | 1 |
| Total | 8 | 8 |
Appeals by Party
| Appeal | 2009-2010 | 2010-2011 |
|---|---|---|
| Appeals by Crown | 0 | 2 |
| Appeals by Offender | 8 | 5 |
| Total | 8 | 7 |
Nature of Appeal
| Nature | 2009-2010 | 2010-2011 |
|---|---|---|
| Finding | 4 | 4 |
| Sentence (severity and/or legality) | 1 | 0 |
| Finding and sentence | 2 | 3 |
| Constitutional issue | 0 | 0 |
| Release pending appeal | 1 | 0 |
| Total | 8 | 7 |
Disposition
| Types of Dispositions | 2009-2010 | 2010-2011 |
|---|---|---|
| Upheld trial decision | 4 | 0 |
| Overturned trial decision in whole or part | 4 | 2 |
| Appeal Granted | 0 | 4 |
| Abandoned | 0 | 1 |
| Total | 8 | 7 |
Alert: About Master Corporal
* Master Corporal is not a rank. It is an appointment pursuant to QR&O article 3.08.
Alert: About Section 129
* Annual reports for previous years have shown different categories of breaches for offences under section 129, including misconduct of a sexual nature and harassment, and misconduct related to drugs and alcohol. This report now shows two categories under section 129: offences relating to the negligent discharge of a weapon, and other offences under section 129. For further information on charges under section 129, see Notes A to G of article 103.60 of the QR&O (http://www.admfincs-smafinsm.forces.gc.ca/qro-orf/vol-02/chapter-chapitre-103-eng.asp#cha-103-60)
Alert: Multiple Punishments
More than one type of punishment may be awarded in a sentence.
Alert: Canadian Forces Member's right
An officer or non-commissioned member may request a review authority to set aside the finding of guilty or to alter the sentence.
Alert: Additional Court Martial Type Information
Note 1: These figures count the number of courts martial commenced during the reporting period including one court martial that was commenced but not completed.
Note 2: Bill C-60 (now S.C. 2008, c. 29) reduces the types of court martial from four to two. Disciplinary Court Martial and Special General Court Martial were eliminated.
Note 3: The difference between Standing Court Martial and General Court Martial is explained in Chapter III.
* There were 69 courts martial and 70 accused (1 joint trial).
Alert: Multiple Punishments
More than one type of punishment can be included in a sentence.
Alert: Additional Information on Decisions
* Two cases were appealed to the Supreme Court of Canada, however, only one decision was made during the report period. One application for leave to appeal was made, however the application was dismissed.
Alert: Past Statistics
For statistics relating to prior years, refer to previous JAG Annual Reports.
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