ARCHIVED - Annex: Military Justice Statistics - 2010-11

Alert: Current and Past Statistics

  1. The statistics in this annex are current as of 1 March 2013.
  2. 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: Additional information on Ranks

* Master Corporal is not a rank. It is an appointment pursuant to QR&O article 3.08.
** This figure includes an officer who faced trial and re-trial on the same charges.

Alert: Additional NDA Article Information

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

* Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
** Criminal Code, R.S.C., 1985, c. C-46 [CC].

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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