ARCHIVED - Annex: Military Justice Statistics

Alert: Errata

At page 23 of the JAG Annual Report 2011-2012, the charge of “Scandalous conduct by officers” under section 92 of the National Defences Act (NDA) was entered in error. This charge was never laid during the reporting period. The error is due to having entered a charge of “Cruel or disgraceful conduct” under section 93 of the NDA as a charge under section 92.

Accordingly, the number of charges for “Scandalous conduct by officers” under section 92 of the NDA should read as 0, instead of 1, and the number of charges for “Cruel or disgraceful conduct” under section 93 of the NDA should read as 5, instead of 4.

Alert: Current and Past Statistics

For statistics relating to prior years, refer to previous JAG Annual Reports.
The statistics in this annex are current as of 3 Dec 2013.

Alert: Past Statistics

* There were 69 courts martial and 70 accused (1 joint trial).

SUMMARY TRIALS, COURTS MARTIAL AND APPEALS

Year in Review – Statistics:

1 April 2011 – 31 March 2012

SUMMARY TRIALS REPORTING

1 April 2011 – 31 March 2012

Distribution of Service Tribunals

Tribunals 2010-2011 2011-2012
Amount Percentage Amount Percentage
Number of courts martial 69* 4 62 4
Number of summary trials 1770 96 1425 96
Total 1839 100 1487 100

Language of Summary Trials

Language 2010-2011 2011-2012
Amount Percentage Amount Percentage
Number in English 1319 75 1121 79
Number in French 451 25 304 21
Total 1770 100 1425 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 Year 11-12
Number of Courts Martial 63 67 73 56 64 40 67 78 65 56 69 62
Number of Summary Trials 1156 1195 1693 1736 1481 1604 1737 2041 1934 1944 1770 1425

Proportion of Cases Referred to Court Martial*

Types of Cases 2011-2012
Amount Percentage
Number of direct referrals to courts martial 108 6.77
Number of elections to be tried by courts martial by the accused 55 3.44
Number of summary trials 1425 89.23
Charges Not proceeded with 9 0.56
Total 1597 100
Number of elections offered to be tried by courts martial 551 n/a
Percentage of persons electing courts martial n/a 9.98

Elections to Court Martial offered to accused

Type of offer 2010-2011 2011-2012
Amount Percentage Amount Percentage
Number of elections offered to be tried by courts martial 663 7.39 551 9.98

Summary Trials by Rank

Ranks 2010-2011 2011-2012
Amount Percentage Amount Percentage
Private and Corporal (includes Master Corporal*) 1542 87.12 1193 83.72
Sergeant to Chief Warrant Officer 64 3.62 68 4.77
Officer 164 9.26 164 11.51
Total 1770 100 1425 100

Summary of Charges

NDA Article Description 2010-2011 2011-2012
Amount Percentage Amount Percentage
83 Disobedience of lawful command 66 2.80 67 3.38
84 Striking or offering violence to a superior 5 0.21 3 0.15
85 Insubordinate behaviour 97 4.11 80 4.03
86 Quarrels and disturbances 42 1.80 65 3.28
87 Resisting or escaping from arrest or custody 7 0.30 1 0.05
90 Absence without leave 733 31.05 655 33.01
91 False statement in respect of leave 1 0.04 0 0.00
92 Scandalous conduct by officers 0 0.00 1 0.05
93 Cruel or disgraceful conduct 4 0.17 4 0.20
95 Abuse of subordinates 13 0.55 7 0.35
97 Drunkenness 130 5.51 167 8.42
98 Malingering, aggravating disease or infirmity or injuring self or another 1 0.04 2 0.10
101 Escape from custody 4 0.17 2 0.10
101.1 Failure to comply with conditions 3 0.13 4 0.20
102 Hindering Arrest or Confinement or Withholding Assistance when called on 0 0.00 2 0.10
108 Signing inaccurate certificate 0 0.00 2 0.10
111 Improper driving of vehicles 7 0.30 3 0.15
112 Improper use of vehicles 9 0.38 13 0.66
113 Causing fires 1 0.04 0 0.00
114 Stealing 33 1.40 10 0.50
115 Receiving 1 0.04 0 0.00
116 Destruction, damage, loss or improper disposal 7 0.30 11 0.55
117 Miscellaneous offences 2 0.08 10 0.50
122 False answers or false information 0 0.00 1 0.05
124 Negligent performance of duties 2 0.08 1 0.05
125 Offences in relation to documents 23 0.97 26 1.31
127 Injurious or destructive handling of dangerous substances 3 0.13 0 0.00
129* Conduct to the prejudice of good order and discipline – Negligent discharge 442 18.71 256 12.92
129* Conduct to the prejudice of good order and discipline - Excluding negligent discharge 691 29.25 556 28.03
130 Service trial of civil offences 35 1.48 35 1.76
Total 2362 100 1984 100

Summary Trials by Command

Commands 2010-2011 2011-2012
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff 4 0.22 2 0.14
Canada Command 31 1.75 26 1.83
Canada Operational Support Command 2 0.17 8 0.56
Canada Special Operations Forces Command 16 0.90 18 1.26
Canada Expeditionary Force Command 247 13.96 114 8.00
Chief of the Maritime Staff 260 14.69 226 15.86
Chief of the Land Staff 712 40.19 589 41.33
Chief of the Air Staff 88 4.97 109 7.65
Chief Military Personnel 399 22.55 326 22.88
Assistant Deputy Minister (Information Management) 8 0.45 5 0.35
Assistant Deputy Minister (Materiel) 3

0.16

1 0.07
Chief of Defense Intelligence 0 0.00 1 0.07
Total 1770 100 1425 100

Findings by Charge

Charges 2010-2011 2011-2012
Amount Percentage Amount Percentage
Guilty 2195 92.92 1806 91.03
Guilty – Special Finding 15 0.64 4 0.20
Guilty of included offence 0 0.00 0 0.00
Not guilty 95 4.02 124 6.25
Charge stayed 47 1.99 41 2.07
Charge not proceeded with 10 0.42 9 0.45
Total 2362 100 1984 100

Punishments

Types of Punishments 2010-2011 2011-2012
Amount Percentage Amount Percentage
Detention (suspended) 7 0.30 8 0.43
Detention 56 2.40 51 2.76
Reduction in rank 3 0.13 5 0.27
Severe reprimand 4 0.17 5 0.27
Reprimand 50 2.14 61 3.30
Fine 1459 62.52 1099 59.50
Confinement to ship or barracks 575 24.66 436 23.61
Extra work and drill 121 5.19 128 6.93
Stoppage of leave 23 0.99 15 0.82
Caution 35 1.50 39 2.11
Total 2333 100 1847 100

Requests for Review

Types of Requests 2010-2011 2011-2012
Amount Percentage Amount Percentage
Requests for review based on finding 11 31.44 6 20.69
Requests for review based on sentence 12 34.28 12 41.38
Requests for review based on finding & sentence 12 34.28 11 37.93
Total 35 100 29 100

Decisions of Review Authority

Types of Decisions 2010-2011 2011-2012
Amount Percentage Amount Percentage
Upholds decision 4 11.43 12 41.38
Quashes findings 22 62.86 9 31.03
Substitutes punishment 6 17.14 2 6.90
Mitigates / commutes / remits punishment 3 8.57 6 20.69
Total 35 100 29 100

COURT MARTIAL REPORTING

1 April 2011 – 31 March 2012

Courts Martial by Type

Types of Courts Martial 2010-2011 2011-2012
Amount Percentage Amount Percentage
Standing Courts Martial 66 96 55 89
General Courts Martial 3 4 7 11
Total 69* 100 62 100

Language of Courts Martial

Language 2010-2011 2011-2012
Amount Percentage Amount Percentage
English 51 73 52 84
French 19 27 10 16
Total 70 100 62 100

Courts Martial by Rank

Ranks 2010-2011 2011-2012
Private and Corporal (includes Master-Corporal*) 42 41
Sergeant to Chief Warrant Officer 12 9
Officer 16** 11
Other 0 1
Total 70 62

Summary of Charges

NDA Article Description 2010-2011 2011-2012
75 Offences related to security 1 0
83 Disobedience of lawful command 5 11
84 Striking or offering violence to a superior officer 2 0
85 Insubordinate behaviour 6 7
86 Quarrels and disturbances 3 8
87 Resisted an escort whose duty it was to have him in charge 1 1
90 Absent without leave 16 28
93 Cruel or disgraceful conduct 6 2
95 Abuse of subordinates 2 4
97 Drunkenness 5 10
101.1 Failure to comply with conditions 6 4
114 Stealing 9 1
115 Receiving 0 1
116 Destruction, damage, loss or improper disposal 5 0
117(f) An act of a fraudulent nature 14 1
122 False answers or false information 1 0
124 Negligent performance of a military duty 9 7
125(a) Wilfully (or negligently) made a false entry 15 2
125(c) With intent to deceive, altered a document issued for military purpose 0 1
129 An act to the prejudice of good order and discipline 49 50
130 (4(1) CDSA)* Possession of substances 0 13
130 (5(1) CDSA) Trafficking in substance 4 6
130 (5(2) CDSA) Possession for purpose of trafficking 0 1
130 (7 CCDSA) Production of substance 0 1
130 (86(1) CC) Careless use of a firearm 1 0
130 (87 CC) Pointing a Firearm 2 4
130 (91(1) CC) Unauthorized possession of a firearm 3 0
130 (95 CC) Possession of prohibited or restricted firearm with ammunition 1 0
130 (104(1) CC) Unauthorized importing and exporting 2 1
130 (121(1)(c) CC) Fraud on Government 0 0
130 (122) Breach of trust by public officer 0 4
130 (129 CC) Offences relating to public or peace officer 0 1
130 (130 CC) Personating peace officer 1 0
130 (139 CC) Obstructing justice – Wilful attempt to obstruct, pervert or defeat the course of justice 1 1
130 (140(1) CC) Public mischief 2 0
130 (153 CC) Sexual exploitation 1 0
130 (163.1(4) CC) Possession of child pornography 0 1
130 (220(a)) Criminal negligence causing death with a firearm 0 1
130 (235(1) CC) Second degree murder 1 0
130 (236(a)) Manslaughter while handling a firearm 0 1
130 (239(1) (a.1) CC) Attempt to commit murder using firearm 1 0
130 (253 (a) CC) Operation while impaired 0 1
130 (264.1 CC) Uttering threats 1 3
130 (266 CC) Assault 5 8
130 (267 CC) Assault with a weapon or causing bodily harm 2 3
130 (269 CC) Unlawfully causing bodily harm 3 1
130 (271 CC) Sexual assault 9 9
130 (272(1) CC) Sexual assault with a weapon 1 0
130 (272(1)(b) CC) Sexual assault with a threat to a third party 0 1
130 (334 CC) Punishment for theft - value stolen does not exceed $5000 0 1
130 (348 CC) Breaking and entering 2 3
130 (349(1) CC) Being unlawfully in dwelling-house 2 0
130 (354 CC) Possession of stolen property 0 1
130 (368 CC) Uttering a forged document 3 2
130 (380(1) CC) Fraud 6 0
130 (437 CC) False alarm of fire 1 0
194 NDA Similar Offences 0 0
Total Offences 210 206

Courts Martial by Command

Commands 2010-2011 2011-2012
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff 5 7.14 0 0.00
Canada Operational Support Command 2 2.86 2 3.22
Canada Expeditionary Force Command 2 2.86 6 9.68
Chief of the Maritime Staff 5 7.14 10 16.13
Chief of the Land Staff 35 50 30 48.39
Chief of the Air Staff 9 12.86 9 14.52
Chief of Military Personnel 11 15.71 5 8.06
Assistant Deputy Minister (Information Management) 1 1.43 0 0.00
Total 70 100 62 100

Disposition by Case

Disposition 2010-2011 2011-2012
Amount Percentage Amount Percentage
Found/Plead Guilty to at least one charge 62 89 56 90.32
Not Guilty of all charges 8 11 6 9.68
Total 70 100 62 100

Sentences

Types of Sentences 2010-2011 2011-2012
Dismissal 2 0
Imprisonment 7 11
Detention 6 4
Reduction in Rank 4 3
Severe Reprimand 18 7
Reprimand 15 17
Fine 49 45
Minor punishments: Confinement to ship or barracks 0 1
Total 101 88

APPEALS REPORTING

1 April 2011 - 31 March 2012
For statistics relating to prior years, refer to previous JAG Annual Reports.

Decisions Rendered on Appeals

Court 2010-2011 2011-2012
Court Martial Appeal Court of Canada 7 5
Supreme Court of Canada 1 0
Total 8 5

Appeals by Party

Appeal 2010-2011 2011-2012
Appeals by Crown 2 3
Appeals by Offender 5 2
Total 7 5

Nature of Appeal

Nature 2010-2011 2011-2012
Finding 4 1
Sentence (severity and/or legality) 0 0
Finding and sentence 3 4
Constitutional issue 0 0
Release pending appeal 0 0
Total 7 5

Disposition

Types of Dispositions 2010-2011 2011-2012
Upheld trial decision 0 0
Overturned trial decision in whole or part 2 1
Appeal Granted 4 4
Abandoned 1 0
Total 7 5

Alert: Definition

* A case = a Record of Disciplinary Proceedings or a charge sheet.

Alert: About Master Corporal

* Pursuant to QR&O article 3.08, master corporal is not a rank but an appointment.

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, sexual offences, harassment and misconduct related to drugs and alcohol. Since 2010-2011, the report 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: Canadien 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 include the number of courts martial commenced during the reporting period and include 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 Courts Martial and General Courts Martial is explained in Chapter III of the Annual Report.
* There were 69 courts martial and 70 accused (1 joint trial).

Alert: Additional information on Ranks

* Pursuant to QR&O article 3.08, master corporal is not a rank but an appointment.
** This figure includes an officer who faced a re-trial on the same charges, in accordance with the decision of the Court Martial Appeal Court.

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

Alert: Multiple Punishments

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

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: