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Annex: Summary Trials, Courts Martial and Appeals

Year in Review – Statistics:
1 April 2013 – 31 March 2014

Distribution of Service Tribunals

Tribunals 2012-2013 2013-2014
Amount Percentage Amount Percentage
Number of courts martial 64 5 67 6
Number of summary trials 1220 95 1128 94
Total 1284 100 1195 100

Distribution of Disciplinary Proceedings Year to Year Comparison

Distribution of Disciplinary Proceedings Table

Disciplinary Proceedings Year 99-00* 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 Year 12-13 Year 13-14
Number of Courts Martial 27 63 67 73 56 64 40 67 78 65 56 69 62 64 67
Number of Summary Trials 506 1156 1195 1693 1736 1481 1604 1737 2041 1934 1944 1770 1425 1220 1128

I. Summary Trials Reporting

1 April 2013 – 31 March 2014

Elections

Types of Elections 2013-2014
Amount Percentage
Elections to be tried by summary trial 338 83.66
Elections to be tried by courts martial 66 16.34
Total 404 100

Disposition of Cases at the Unit Level

Types of Cases 2013-2014
Amount
Cases directly referred to courts martial 48
Elections to be tried by courts martial 66
Elections to be tried by summary trial 338
Summary trials without an election 790
Cases not proceeded with at summary trial 7
Total 1249

Language of Summary Trials

Language 2012-2013 2013-2014
Amount Percentage Amount Percentage
Number in English 1000 82 955 85
Number in French 220 18 173 15
Total 1220 100 1128 100

Summary Trials by Rank

Ranks 2012-2013 2013-2014
Amount Percentage Amount Percentage
Private and Corporal (includes Master-Corporal*) 973 79.75 914 81.03
Sergeant to Chief Warrant Officer 68 5.57 72 6.38
Officer 179 14.68 142 12.59
Total 1220 100 1128 100

Summary of Charges

NDA Article Description 2012-2013 2013-2014
Amount Percentage Amount Percentage
83 Disobedience of lawful command 27 1.57 57 3.25
84 Striking or offering violence to a superior officer 8 0.46 1 0.06
85 Insubordinate behaviour 55 3.20 57 3.25
86 Quarrels and disturbances 53 3.08 62 3.53
90 Absence without leave 618 35.91 653 37.19
91 False statement in respect of leave 1 0.06 0 0.00
93 Cruel or disgraceful conduct 4 0.23 3 0.17
95 Abuse of subordinates 6 0.35 2 0.11
97 Drunkenness 153 8.89 126 7.18
101.1 Failure to comply with conditions 3 0.17 4 0.23
108 Signing inaccurate certificate 1 0.06 0 0.00
111 Improper driving of vehicles 6 0.35 1 0.06
112 Improper use of vehicles 14 0.81 17 0.97
113 Causing fires 1 0.06 0 0.00
114 Stealing 11 0.64 18 1.03
115 Receiving 1 0.06 0 0.00
116 Destruction, damage, loss or improper disposal 8 0.46 9 0.51
117 Miscellaneous offences 27 1.57 15 0.85
118.1 Failure to appear or attend 1 0.06 0 0.00
124 Negligent performance of duties 0 0.00 1 0.06
125 Offences in relation to documents 13 0.76 17 0.97
127 Injurious or destructive handling of dangerous substances 3 0.17 0 0.00
129* Conduct to the prejudice of good order and discipline – Negligent discharge 254 14.76 211 12.02
129* Conduct to the prejudice of good order and discipline – Excluding negligent discharge 425 24.69 483 27.51
130 Service trial of civil offences 28 1.63 19 1.08
Total 1721 100 1756 100

Summary Trials by Command

Commands 2012-2013 2013-2014
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff 7 0.57 9 0.80
Canada Joint Operations Command (CJOC) 70 5.74 47 4.17
Canada Special Operations Forces Command 18 1.48 10 0.89
Royal Canadian Navy 241 19.75 244 21.63
Canadian Army 536 43.93 545 48.32
Royal Canadian Air Force 91 7.46 77 6.83
Military Personnel Command 252 20.66 187 16.58
Assistant Deputy Minister (Information Management) 5 0.41 4 0.35
Assistant Deputy Minister (Material) 0 0.00 5 0.44
Total 1220 100 1128 100

Findings by Charge

Charges 2012-2013 2013-2014
Amount Percentage Amount Percentage
Guilty 1544 89.72 1548 88.15
Guilty – Special finding 10 0.58 10 0.57
Guilty of related offences 1 0.06 0 0
Not guilty 115 6.68 128 7.29
Charge stayed 48 2.79 39 2.22
Charge not proceeded with 3 0.17 31 1.77
Total 1721 100 1756 100

Punishments

Types of Punishments 2012-2013 2013-2014
Amount Percentage Amount Percentage
Detention (suspended) 9 0.56 1 0.07
Detention 39 2.43 28 1.93
Reduction in rank 9 0.56 7 0.48
Severe reprimand 5 0.31 4 0.28
Reprimand 53 3.30 52 3.58
Fine 994 61.93 859 59.12
Confinement to ship or barracks 344 21.43 338 23.26
Extra work and drill 105 6.54 99 6.81
Stoppage of leave 25 1.56 28 1.93
Caution 22 1.37 37 2.55
Total 1605 100 1453 100

Reviews

Types of Requests 2012-2013 2013-2014
Amount Percentage Amount Percentage
Review based on finding 5 13.89 11 24.44
Review based on sentence 19 52.78 12 26.67
Review based on finding & sentence 12 33.33 22 48.89
Total 36 100 45 100

Decisions of Review Authority

Types of Decisions 2012-2013 2013-2014
Amount Percentage Amount Percentage
Upholds decision 13 36.11 13 28.89
Quashes findings 14 38.89 23 51.11
Substitutes punishment 3 8.33 7 15.56
Mitigates / commutes / remits punishment 6 16.67 2 4.44
Total 36 100 45 100

II. Court Martial Reporting

1 April 2013 – 31 March 2014

Courts Martial by Type

Types of Courts Martial 2012-2013 2013-2014
Amount Percentage Amount Percentage
Standing Court Martial 60 94 60 90
General Court Martial 4 6 7 10
Total 64 100 67 100

Language of Courts Martial

Language 2012-2013 2013-2014
Amount Percentage Amount Percentage
English 50 78 52 78
French 14 22 15 22
Total 64 100 67 100

Courts Martial by Rank

Ranks 2012-2013
Amount		 2013-2014
Amount
Private and Corporal (includes Master Corporal*) 30 43
Sergeant to Chief Warrant Officer 17 11
Officer 16 13
Other 1 0
Total 64 67

Summary of Charges

NDA Article Description 2012-2013
Amount		 2013-2014
Amount
83 Disobedience of lawful command 6 11
84 Striking or offering violence to a superior 0 2
85 Insubordinate behaviour 4 5
86 Quarrels and disturbances 3 0
87 Resisted an escort whose duty it was to have him in charge 2 1
88 Desertion 3 2
90 Absent without leave 15 37
93 Cruel or disgraceful conduct 3 2
95 Abuse of subordinates 4 2
97 Drunkenness 6 8
101.1 Failure to comply with conditions 7 9
111 Improper driving of vehicles 0 1
112 Improper use of vehicles 1 0
114 Stealing 13 4
115 Receiving 2 0
116 Destruction, damage, loss or improper disposal 7 1
117(f) An act of a fraudulent nature 3 8
124 Negligent performance of a military duty 7 2
125(a) Wilfully (or negligently) made a false entry 9 15
125(c) With intent to deceive, altered a document issued for military purpose 3 2
127 Injurious or destructive handling of dangerous substances 3 1
128 Conspired to commit an offence 3 0
129 An act to the prejudice of good order and discipline 35 41
130 (4(1) CDSA)* Possession of substances 4 2
130 (5(1) CDSA) Trafficking in substance 2 8
130 (7 CDSA) Production of substance 1 0
130 (31 FDA)** Unlawfully selling a substance 0 1
130 (80 CC)*** Breach of Duty 6 1
130 (82(1) CC) Unlawful possession of an explosive 1 0
130 (85(1) CC) Using a firearm in the commission of an offence 0 1
130 (86(1) CC) Careless storage of a firearm 0 1
130 (86(1) CC) Careless handling of a firearm 0 5
130 (87 CC) Pointing a firearm 1 0
130 (90 CC) Carrying a concealed weapon 0 1
130 (91(2) CC) Unauthorized possession of prohibited weapon or restricted weapon 0 2
130 (92(2) CC) Possession of a prohibited weapon 1 0
130 (93 CC) Possession of a firearm at an unauthorized place 0 1
130 (95 CC) Possession of a prohibited or restricted firearm with ammunition 0 1
130 (122 CC) Breach of trust by public officer 5 0
130 (129 CC) Offences relating to public or peace officer 2 3
130 (139 CC) Obstructing justice – Wilful attempt to obstruct, pervert or defeat the course of justice 0 4
130 (140(1) CC) Public mischief 1 0
130 (151 CC) Sexual interference 1 0
130 (152 CC) Invitation to sexual touching 1 0
130 (153 CC) Sexual exploitation 2 0
130 (162 CC) Voyeurism 3 0
130 (163.1(4) CC) Possession of child pornography 1 1
130 (163(4.1) CC) Accessing child pornography 0 1
130 (236(b) CC) Manslaughter while handling a firearm 2 0
130 (244 CC) Discharging a firearm with intent 0 2
130 (244.2 CC) Discharging a firearm recklessly 0 2
130 (253(a) CC) Operation while impaired 2 0
130 (264.1 CC) Uttering threats 2 0
130 (266 CC) Assault 5 1
130 (267 CC) Assault with a weapon or causing bodily harm 2 1
130 (268 CC) Aggravated assault 0 1
130 (269 CC) Unlawfully causing bodily harm 3 1
130 (270(1)(a) CC) Assaulting a peace officer 1 0
130 (271 CC) Sexual assault 7 4
130 (334 CC) Theft - Value stolen does not exceed $5000 4 3
130(354(1) CC) Possession of stolen property 0 3
130 (362 CC) False pretense or false statement 1 0
130 (367 CC) Commits forgery 0 2
130 (368 CC) Uttering a forged document 2 2
130 (380(1) CC) Fraud 0 7
130 (430(4) CC) Mischief 0 1
130 (464 CC) Counselling an offence that is not committed 2 0
Total Offences 204 217

Courts Martial by Command

Commands 2012-2013 2013-2014
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff 2 3.13 6 8.96
Canada Joint Operations Command (CJOC) 7 10.94 4 5.97
Royal Canadian Navy 13 20.31 13 19.40
Canadian Army 25 39.06 30 44.78
Royal Canadian Air Force 2 3.13 9 13.43
Military Personnel Command 14 21.88 3 4.48
Canadian Forces Intelligence Command 0 0 1 1.49
Assistant Deputy Minister (Information Management) 1 1.56 1 1.49
Total 64 100 67 100

Disposition by Case

Disposition 2012-2013 2013-2014
Amount Percentage Amount Percentage
Found/Plead Guilty of at least one charge 50 78.13 54 80.60
Not Guilty of all charges 10 15.63 13 19.40
Stay of all charges 1 1.56 0 0
Terminated 2 3.13 0 0
Not criminally responsible on account of mental disorder 1 1.56 0 0
Total 64 100 67 100

Sentences

Types of Sentences 2012-2013
Amount		 2013-2014
Amount
Dismissal 6 2
Imprisonment 8 11
Detention 1 4
Reduction in rank 9 5
Severe reprimand 14 11
Reprimand 13 18
Fine 34 37
Forfeiture of seniority 1 0
Minor punishments: Confinement to ship or barracks 0 0
Total 86 88

III. Appeals Reporting

1 April 2013 - 31 March 2014

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

Appellate Cases Concluded

Court 2012-2013
Amount		 2013-2014
Amount
Court Martial Appeal Court of Canada 6 8
Total 6 8

Appeals by Party

Appeal 2012-2013
Amount		 2013-2014
Amount
Appeals by Crown 0 2
Appeals by Offender 6 6
Total 6 8

Nature of Appeal

Nature 2012-2013
Amount		 2013-2014
Amount
Finding 5 4
Sentence (severity and/or legality) 0 1
Finding and sentence 0 0
Constitutional issue 0 2
Appointment of Defence Counsel 0 1
Total 5* 8

Disposition

Types of Dispositions 2012-2013
Amount		 2013-2014
Amount
Overturned trial decision in whole or part 0 2
Appeal granted 3 1
Appeal dismissed 2 4
Abandoned 1 1
Total 6 8

Alert: 1999-2000 statistics

* The statistics for 1999-2000 reflect the period of 1 September 1999 to 31 March 2000.

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 22 July 2014.

Alert: Appointment

* Pursuant to QR&O 3.08, Master Corporal is not a rank but an appointment.

Alert: Offence under Section 129 of the NDA

* 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 2010-2011 reporting period, s.129 offences were reported in the JAG Annual Reports using broad classifications such as offences of a sexual nature. Since it is difficult to identify these offences on an RDP 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.

Alert: Multiple Punishments

More than one type of punishment may be awarded in a sentence.

Alert: Review

An officer or non-commissioned member may request a review authority to set aside the finding of guilty or to alter the sentence.

Alert: Appointment

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

Alert: Other Federal Acts

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

* Controlled Drugs and Substances Act, S.C. 1996, c. 19.
** Food and Drugs Act, R.S.C., 1985, c. F-27, CRC, c.870, s C.01.041(1.1).
*** Criminal Code, R.S.C., 1985, c. C-46.

Alert: Multiple Punishments

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

Alert: Appeals from a Refused Application for Release Pending Appeal

* Unlike previous periods, appeals to the Court Martial Appeal Court of Canada from a refused Application for Release pending appeal by the court martial are no longer being reported as a distinct appeal in this table. In the previous reporting period there was one such appeal amongst the six reported. In the current reporting period, Second-Lieutenant Moriarity was granted release pending appeal to the Supreme Court of Canada.

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