ARCHIVED - Annex A: Summary Trials, Courts Martial and Appeals
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 2 June 2014.
Year in Review – Statistics:
1 April 2012 – 31 March 2013
I. SUMMARY TRIALS REPORTING
1 April 2012 – 31 March 2013
Distribution of Service Tribunals
| Tribunals | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Number of courts martial | 62 | 4 | 64 | 5 |
| Number of summary trials | 1425 | 96 | 1210 | 95 |
| Total | 1487 | 100 | 1274 | 100 |
Language of Summary Trials
| Language | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Number in English | 1121 | 79 | 991 | 82 |
| Number in French | 304 | 21 | 218 | 18 |
| Total | 1425 | 100 | 1210 | 100 |
Distribution of Disciplinary Proceedings Year to Year Comparison (Bar Graph Image and Table)
Distribution of Disciplinary Proceedings Table
| Disciplinary Proceedings | 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 | Year 12-13 |
|---|---|---|---|---|---|---|---|---|---|---|
| Number of Courts Martial | 56 | 64 | 40 | 67 | 78 | 65 | 56 | 69 | 62 | 64 |
| Number of Summary Trials | 1736 | 1481 | 1604 | 1737 | 2041 | 1934 | 1944 | 1770 | 1425 | 1210 |
Referral and Disposition of Charges
| Types of Cases | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Number of cases directly referred to courts martial | 108 | 6.77 | 82 | 6.15 |
| Number of elections to be tried by courts martial by the accused | 55 | 3.44 | 39 | 2.93 |
| Number of summary trials | 1425 | 89.23 | 1210 | 90.77 |
| Cases not proceeded with at summary trial | 9 | 0.56 | 2 | 0.15 |
| Total | 1597 | 100 | 1333 | 100 |
| Number of elections offered to be tried by courts martial | 551 | n/a | 415 | n/a |
| Number of elections to be tried by courts martial by the accused | 55 | 9.98 | 39 | 9.40 |
Summary Trials by Rank
| Ranks | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Private and Corporal (includes Master Corporal*) | 1193 | 83.72 | 964 | 79.67 |
| Sergeant to Chief Warrant Officer | 68 | 4.77 | 68 | 5.62 |
| Officer | 164 | 11.51 | 178 | 14.71 |
| Total | 1425 | 100 | 1210 | 100 |
Summary of Charges
| NDA Article | Description | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | ||
| 83 | Disobedience of lawful command | 67 | 3.38 | 27 | 1.58 |
| 84 | Striking or offering violence to a superior officer | 3 | 0.15 | 8 | 0.47 |
| 85 | Insubordinate behaviour | 80 | 4.03 | 54 | 3.16 |
| 86 | Quarrels and disturbances | 65 | 3.28 | 51 | 2.99 |
| 87 | Resisting or escaping from arrest or custody | 1 | 0.05 | 0 | 0.00 |
| 90 | Absence without leave | 655 | 33.01 | 614 | 35.95 |
| 91 | False statement in respect of leave | 0 | 0.00 | 1 | 0.06 |
| 93 | Cruel or disgraceful conduct | 5 | 0.25 | 4 | 0.23 |
| 95 | Abuse of subordinates | 7 | 0.35 | 6 | 0.35 |
| 97 | Drunkenness | 167 | 8.42 | 151 | 8.84 |
| 98 | Malingering, aggravating disease or infirmity or injuring self or another | 2 | 0.10 | 0 | 0.00 |
| 101 | Escape from custody | 2 | 0.10 | 0 | 0.00 |
| 101.1 | Failure to comply with conditions | 4 | 0.20 | 3 | 0.18 |
| 102 | Hindering Arrest or Confinement or Withholding Assistance when called on | 2 | 0.10 | 0 | 0.00 |
| 108 | Signing inaccurate certificate | 2 | 0.10 | 1 | 0.06 |
| 111 | Improper driving of vehicles | 3 | 0.15 | 6 | 0.35 |
| 112 | Improper use of vehicles | 13 | 0.66 | 14 | 0.82 |
| 113 | Causing fires | 0 | 0.00 | 1 | 0.06 |
| 114 | Stealing | 10 | 0.50 | 11 | 0.64 |
| 115 | Receiving | 0 | 0.00 | 1 | 0.06 |
| 116 | Destruction, damage, loss or improper disposal | 11 | 0.55 | 8 | 0.47 |
| 117 | Miscellaneous offences | 10 | 0.50 | 28 | 1.64 |
| 118.1 | Failure to Appear or Attend | 0 | 0.00 | 1 | 0.06 |
| 122 | False answers or false information | 1 | 0.05 | 0 | 0.00 |
| 124 | Negligent performance of duties | 1 | 0.05 | 0 | 0.00 |
| 125 | Offences in relation to documents | 26 | 1.31 | 11 | 0.64 |
| 127 | Injurious or destructive handling of dangerous substances | 0 | 0.00 | 3 | 0.18 |
| 129* | Conduct to the prejudice of good order and discipline – Negligent discharge | 256 | 12.92 | 254 | 14.87 |
| 129* | Conduct to the prejudice of good order and discipline - Excluding negligent discharge | 556 | 28.03 | 422 | 24.71 |
| 130 | Service trial of civil offences | 35 | 1.76 | 28 | 1.63 |
| Total | 1984 | 100 | 1708 | 100 | |
Summary Trials by Command
| Commands | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Vice Chief of the Defence Staff | 2 | 0.14 | 7 | 0.58 |
| Canada Joint Operations Command (CJOC)* | 148 | 10.39 | 70 | 5.78 |
| Canada Special Operations Forces Command | 18 | 1.26 | 18 | 1.49 |
| Royal Canadian Navy** | 226 | 15.86 | 237 | 19.59 |
| Canadian Army*** | 589 | 41.33 | 533 | 44.05 |
| Royal Canadian Air Force**** | 109 | 7.65 | 90 | 7.44 |
| Chief of Military Personnel | 326 | 22.88 | 250 | 20.66 |
| Assistant Deputy Minister (Information Management) | 5 | 0.35 | 5 | 0.41 |
| Assistant Deputy Minister (Material) | 1 | 0.07 | 0 | 0.00 |
| Chief of Defence Intelligence | 1 | 0.07 | 0 | 0.00 |
| Total | 1425 | 100 | 1210 | 100 |
Findings by Charge
| Charges | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Guilty | 1806 | 91.03 | 1534 | 89.82 |
| Guilty – Special Finding | 4 | 0.20 | 10 | 0.59 |
| Guilty of included offence | 0 | 0.00 | 1 | 0.06 |
| Not guilty | 124 | 6.25 | 114 | 6.68 |
| Charge stayed | 41 | 2.07 | 46 | 2.69 |
| Charge not proceeded with | 9 | 0.45 | 3 | 0.18 |
| Total | 1984 | 100 | 1708 | 100 |
Punishments
| Types of Punishments | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Detention (suspended) | 8 | 0.43 | 9 | 0.57 |
| Detention | 51 | 2.76 | 39 | 2.45 |
| Reduction in rank | 5 | 0.27 | 9 | 0.57 |
| Severe reprimand | 5 | 0.27 | 5 | 0.31 |
| Reprimand | 61 | 3.30 | 52 | 3.27 |
| Fine | 1099 | 59.50 | 985 | 61.99 |
| Confinement to ship or barracks | 436 | 23.61 | 340 | 21.40 |
| Extra work and drill | 128 | 6.93 | 104 | 6.54 |
| Stoppage of leave | 15 | 0.82 | 25 | 1.57 |
| Caution | 39 | 2.11 | 21 | 1.32 |
| Total | 1847 | 100 | 1589 | 100 |
Requests for Review
| Types of Requests | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Requests for review based on finding | 6 | 20.69 | 5 | 14.29 |
| Requests for review based on sentence | 12 | 41.38 | 19 | 54.29 |
| Requests for review based on finding & sentence | 11 | 37.93 | 11 | 31.43 |
| Total | 29 | 100 | 35 | 100 |
Decisions of Review Authority
| Types of Decisions | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Upholds decision | 12 | 41.38 | 12 | 34.29 |
| Quashes findings | 9 | 31.03 | 14 | 40.00 |
| Substitutes punishment | 2 | 6.90 | 3 | 8.57 |
| Mitigates / commutes / remits punishment | 6 | 20.69 | 6 | 17.14 |
| Total | 29 | 100 | 35 | 100 |
II. COURT MARTIAL REPORTING
1 April 2012 – 31 March 2013
Courts Martial by Type
| Types of Courts Martial | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Standing Court Martial | 55 | 89 | 60 | 94 |
| General Court Martial | 7 | 11 | 4 | 6 |
| Total | 62 | 100 | 64 | 100 |
Language of Courts Martial
| Language | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| English | 52 | 84 | 50 | 78 |
| French | 10 | 16 | 14 | 22 |
| Total | 62 | 100 | 64 | 100 |
Courts Martial by Rank
| Ranks | 2011-2012 | 2012-2013 |
|---|---|---|
| Private and Corporal (includes Master-Corporal*) | 41 | 30 |
| Sergeant to Chief Warrant Officer | 9 | 17 |
| Officer | 11 | 16 |
| Other | 1 | 1 |
| Total | 62 | 64 |
Summary of Charges
| NDA Article | Description | 2011-2012 | 2012-2013 |
|---|---|---|---|
| 83 | Disobedience of lawful command | 11 | 6 |
| 85 | Insubordinate behaviour | 7 | 4 |
| 86 | Quarrels and disturbances | 8 | 3 |
| 87 | Resisted an escort whose duty it was to have him in charge | 1 | 2 |
| 88 | Desertion | 0 | 3 |
| 90 | Absent without leave | 28 | 15 |
| 93 | Cruel or disgraceful conduct | 2 | 3 |
| 95 | Abuse of subordinates | 4 | 4 |
| 97 | Drunkenness | 10 | 6 |
| 101.1 | Failure to comply with conditions | 4 | 7 |
| 112 | Improper use of vehicles | 0 | 1 |
| 114 | Stealing | 1 | 13 |
| 115 | Receiving | 1 | 2 |
| 116 | Destruction, damage, loss or improper disposal | 0 | 7 |
| 117(f) | An act of a fraudulent nature | 1 | 3 |
| 124 | Negligent performance of a military duty | 7 | 7 |
| 125(a) | Wilfully (or negligently) made a false entry | 2 | 9 |
| 125(c) | With intent to deceive, altered a document issued for military purpose | 1 | 3 |
| 127 | Injurious or destructive handling of dangerous substances | 0 | 3 |
| 128 | Conspired to commit an offence | 0 | 3 |
| 129 | An act to the prejudice of good order and discipline | 50 | 35 |
| 130 (4(1) CDSA)* | Possession of substances | 13 | 4 |
| 130 (5(1) CDSA) | Trafficking in substance | 6 | 2 |
| 130 (5(2) CDSA) | Possession for purpose of trafficking | 1 | 0 |
| 130 (7 CDSA) | Production of substance | 1 | 1 |
| 130 (80 CC)** | Breach of Duty | 0 | 6 |
| 130 (82(1) CC) | Unlawful possession of an explosive | 0 | 1 |
| 130 (87 CC) | Pointing a Firearm | 4 | 1 |
| 130 (92(2) CC) | Possession of a prohibited weapon | 0 | 1 |
| 130 (104(1) CC) | Unauthorized importing and exporting | 1 | 0 |
| 130 (122 CC) | Breach of trust by public officer | 4 | 5 |
| 130 (129 CC) | Offences relating to public or peace officer | 1 | 2 |
| 130 (139 CC) | Obstructing justice – Wilful attempt to obstruct, pervert or defeat the course of justice | 1 | 0 |
| 130 (140(1) CC) | Public mischief | 0 | 1 |
| 130 (151 CC) | Sexual interference | 0 | 1 |
| 130 (152 CC) | Invitation to sexual touching | 0 | 1 |
| 130 (153 CC) | Sexual exploitation | 0 | 2 |
| 130 (162 CC) | Voyeurism | 0 | 3 |
| 130 (163.1(4) CC) | Possession of child pornography | 1 | 1 |
| 130 (220(a) CC) | Criminal negligence causing death with a firearm | 1 | 0 |
| 130 (236(a) CC) | Manslaughter while handling a firearm | 1 | 0 |
| 130 (236(b) CC) | Manslaughter while handling a firearm | 0 | 2 |
| 130 (253 (a) CC) | Operation while impaired | 1 | 2 |
| 130 (264.1 CC) | Uttering threats | 3 | 2 |
| 130 (266 CC) | Assault | 8 | 5 |
| 130 (267 CC) | Assault with a weapon or causing bodily harm | 3 | 2 |
| 130 (269 CC) | Unlawfully causing bodily harm | 1 | 3 |
| 130 (270(1)(a) CC) | Assaulting a peace officer | 0 | 1 |
| 130 (271 CC) | Sexual assault | 9 | 7 |
| 130 (272(1)(b) CC) | Sexual assault with a threat to a third party | 1 | 0 |
| 130 (334 CC) | Punishment for theft - value stolen does not exceed $5000 | 1 | 4 |
| 130 (348 CC) | Breaking and entering | 3 | 0 |
| 130 (354 CC) | Possession of stolen property | 1 | 0 |
| 130 (362 CC) | False pretense or false statement | 0 | 1 |
| 130 (368 CC) | Uttering a forged document | 2 | 2 |
| 130 (464 CC) | Counselling an offence that is not committed | 0 | 2 |
| Total Offences | 206 | 204 | |
Courts Martial by Command
| Commands | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Vice Chief of the Defence Staff | 0 | 0.00 | 2 | 3.13 |
| Canada Joint Operations Command (CJOC)* | 8 | 12.90 | 7 | 10.94 |
| Royal Canadian Navy** | 10 | 16.13 | 13 | 20.31 |
| Canadian Army*** | 30 | 48.39 | 25 | 39.06 |
| Royal Canadian Air Force**** | 9 | 14.52 | 2 | 3.13 |
| Chief of Military Personnel | 5 | 8.06 | 14 | 21.88 |
| Assistant Deputy Minister (Information Management) | 0 | 0.00 | 1 | 1.56 |
| Total | 62 | 100 | 64 | 100 |
Disposition by Case
| Disposition | 2011-2012 | 2012-2013 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Found/Plead Guilty to at least one charge | 56 | 90.32 | 50 | 78.13 |
| Not Guilty of all charges | 6 | 9.68 | 10 | 15.63 |
| Stay of all charges | 0 | 0.00 | 1 | 1.56 |
| Terminated | 0 | 0.00 | 2 | 3.13 |
| Not criminally responsible on account of mental disorder | 0 | 0.00 | 1 | 1.56 |
| Total | 62 | 100 | 64 | 100 |
Sentences
| Types of Sentences | 2011-2012 | 2012-2013 |
|---|---|---|
| Dismissal | 0 | 6 |
| Imprisonment | 11 | 8 |
| Detention | 4 | 1 |
| Reduction in Rank | 3 | 9 |
| Severe Reprimand | 7 | 14 |
| Reprimand | 17 | 13 |
| Fine | 45 | 34 |
| Forfeiture of seniority | 0 | 1 |
| Minor punishments: Confinement to ship or barracks | 1 | 0 |
| Total | 88 | 86 |
III. APPEALS REPORTING
1 April 2012 - 31 March 2013
For statistics relating to prior years, refer to previous JAG Annual Reports.
Decisions Rendered on Appeals
| Court | 2011-2012 | 2012-2013 |
|---|---|---|
| Court Martial Appeal Court of Canada | 5 | 6 |
| Total | 5 | 6 |
Appeals by Party
| Appeal | 2011-2012 | 2012-2013 |
|---|---|---|
| Appeals by Crown | 3 | 0 |
| Appeals by Offender | 2 | 6 |
| Total | 5 | 6 |
Nature of Appeal
| Nature | 2011-2012 | 2012-2013 |
|---|---|---|
| Finding | 1 | 5 |
| Finding and sentence | 4 | 0 |
| Release pending appeal | 0 | 1 |
| Total | 5 | 6 |
Disposition
| Types of Dispositions | 2011-2012 | 2012-2013 |
|---|---|---|
| Appeal Allowed in whole or in part | 5 | 3 |
| Appeal Dismissed | 0 | 2 |
| Appeal Abandoned | 0 | 1 |
| Total | 5 | 6 |
Alert: About Master Corporal
* Pursuant to QR&O 3.08, master corporal is not a rank but an appointment.
Alert: About Section 129
* An offence under s.129 of the NDA is typically set out on a Record of Disciplinary Proceedings (RDP) with brief particulars that do not necessarily capture all of the alleged circumstances. Prior to the 2010-2011 reporting period, s.129 offences were reported in JAG Annual Reports using broad classifications such as those of a sexual nature. Since it is difficult to use an RDP to make such classifications with reliable precision, and in order to minimize the risk of misrepresenting any statistics reported, it was decided to omit any breakdown of s.129 offences along these lines in reports after the 2009-2010 report. In contrast, offences arising from the negligent discharge of a weapon represent a significant proportion of all disciplinary proceedings in the Canadian Armed Forces (CAF) and can be easily identified from the particulars set out in the RDP.
While recognizing the challenges inherent in attempting to identify those s.129 offences which could be of a sexual nature and for the purposes of comparison with previous reports which did provide such a breakdown, the number of s.129 offences of a sexual nature since the 2009-2010 reporting period is believed to be as follows:
| Reporting Period | # of Charges | % of total |
|---|---|---|
| 2010-2011 | 34 | 1.92 |
| 2011-2012 | 17 | 0.86 |
| 2012-2013 | 33 | 1.93 |
Alert: About Re-organization of Commands
* Effective October 2012, Canada Command, Canada Operational Support Command and Canada Expeditionary Force Command merged to form the Canada Joint Operations Command (CJOC).
** Effective 7 February 2012, Maritime Command became known as the Royal Canadian Navy.
*** Effective 17 January 2012, Land Forces Command became known as the Canadian Army.
**** Effective 17 January 2012, Air Command became known as the Royal Canadian Air Force.
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 information on Ranks
* Pursuant to QR&O article 3.08, master corporal is not a rank but an appointment.
Alert: About Re-organization of Commands
* Effective October 2012, Canada Command, Canada Operational Support Command and Canada Expeditionary Force Command merged to form the Canada Joint Operations Command (CJOC).
** Effective 7 February 2012, Maritime Command became known as the Royal Canadian Navy.
*** Effective 17 January 2012, Land Forces Command became known as the Canadian Army.
**** Effective 17 January 2012, Air Command became known as the Royal Canadian Air Force.
Alert: Multiple Punishments
More than one type of punishment can be included in a sentence.