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 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.
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