Annex A: Summary Trials, Courts Martial and Appeals - Year in Review

Alert: Number of Courts Martial

1 There were 70 courts martial and 71 accused (1 joint trial).

Statistics: 1 April 2014 - 31 March 2015. These statistics are current as of 20 May 2015.

Distribution of Service Tribunals

Tribunals 2013-2014 2014-2015
Amount Percentage Amount Percentage
Number of courts martial 67 5.45 701 7.80
Number of summary trials 1162 94.55 827 92.20
Total 1229 100 897 100

Distribution of Disciplinary Proceedings Year to Year Comparison

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 Year 12-13 Year 13-14 Year 14-15
Number of Courts Martial 63 67 73 56 64 40 67 78 65 56 69 62 64 67 70
Number of Summary Trials 1156 1195 1693 1736 1481 1604 1737 2041 1934 1944 1770 1438 1248 1162 827

I. Summary Trials Reporting

1 April 2014 – 31 March 2015

Elections

Types of Elections 2013-2014 2014-2015
Amount Percentage Amount Percentage
Elections to be tried by summary trial 356 84.56 2421 82.03
Elections to be tried by court martial 65 15.44 53 17.97
Total 421 100 295 100

Disposition of cases at unit level

Disposition 2013-2014 2014-2015
Amount Percentage Amount Percentage
Cases directly referred to courts martial 48 3.72 401 4.29
Elections to be tried by courts martial 65 5.03 53 5.68
Elections to be tried by summary trial 356 27.58 2422 25.94
Summary trials without an election 806 62.43 585 62.70
Cases not proceeded with at summary trial 16 1.24 13 1.39
Total 1291 100 933 100

Language of Summary Trials

Language 2013-2014 2014-2015
Amount Percentage Amount Percentage
Number in English 983 84.60 711 85.97
Number in French 179 15.40 116 14.03
Total 1162 100 827 100

Summary Trials by Rank

Ranks 2013-2014 2014-2015
Amount Percentage Amount Percentage
Private and Corporal (includes Master-Corporal1) 943 81.15 699 84.52
Sergeant to Chief Warrant Officer 75 6.45 52 6.29
Officer 144 12.39 76 9.19
Total 1162 100 827 100

Summary of Charges

NDA Article Description 2013-2014 2014-2015
Amount Percentage Amount Percentage
83 Disobedience of lawful command 62 3.43 31 2.62
84 Striking or offering violence to a superior officer 1 0.06 2 0.17
85 Insubordinate behavior 60 3.32 52 4.40
86 Quarrels and disturbances 63 3.49 39 3.30
90 Absence without leave 667 36.93 459 38.83
91 False statement in respect of leave 0 0.00 5 0.42
93 Cruel or disgraceful conduct 3 0.17 0 0.00
95 Abuse of subordinates 2 0.11 2 0.17
97 Drunkenness 134 7.42 126 10.66
101.1 Failure to comply with conditions 4 0.22 6 0.51
107 Wrongful acts in relation to aircraft or aircraft material 0 0.00 1 0.08
111 Improper driving of vehicles 1 0.06 2 0.17
112 Improper use of vehicles 17 0.94 9 0.76
114 Stealing 18 1.00 10 0.85
116 Destruction, damage, loss or improper disposal 9 0.50 8 0.68
117 Miscellaneous offences 15 0.83 4 0.34
124 Negligent performance of duties 1 0.06 0 0.00
125 Offences in relation to documents 17 0.94 9 0.76
127 Injurious or destructive handling of dangerous substances 0 0.00 1 0.08
1291 Conduct to the prejudice of good order and discipline – Negligent discharge 213 11.79 107 9.05
129 Conduct to the prejudice of good order and discipline – Excluding negligent discharge 498 27.57 284 24.03
130 Service trial of civil offences 21 1.16 25 2.12
Total 1806 100 1182 100

Summary Trials by Command

Commands 2013-2014 2014-2015
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff 9 0.77 13 1.57
Canada Joint Operations Command 50 4.30 59 7.13
Canada Special Operations Forces Command 11 0.95 11 1.33
Royal Canadian Navy 251 21.60 125 15.11
Canadian Army 567 48.80 459 55.50
Royal Canadian Air Force 78 6.71 73 8.83
Chief of Military Personnel 187 16.09 84 10.16
Assistant Deputy Minister (Information Management) 4 0.34 1 0.12
Assistant Deputy Minister (Material) 5 0.43 1 0.12
Canadian Forces Intelligence Command1 0 0.00 1 0.12
Total 1162 100 827 100

Findings by Charge

Charges 2013-2014 2014-2015
Amount Percentage Amount Percentage
Guilty 1590 88.04 1062 89.85
Guilty – Special findings 10 0.55 6 0.51
Guilty of related offence 0 0.00 2 0.17
Not guilty 133 7.36 71 6.01
Charge stayed 41 2.27 19 1.61
Charge not proceeded with

32

1.77 22 1.86
Total 1806 100 1182 100

Punishments

Types of Punishments 2013-2014 2014-2015
Amount Percentage Amount Percentage
Detention (suspended) 1 0.07 7 0.64
Detention 31 2.07 19 1.73
Reduction in rank 7 0.47 4 0.36
Severe reprimand 5 0.33 3 0.27
Reprimand 53 3.55 54 4.90
Fine 882 59.00 610 55.40
Confinement to ship or barracks 346 23.14 283 25.70
Extra work and drill 102 6.82 76 6.90
Stoppage of leave 29 1.94 27 2.45
Caution 39 2.61 18 1.63
Total 1495 100 1101 100

Reviews

Types of Requests 2013-2014 2014-2015
Amount Percentage Amount Percentage
Review based on finding 12 26.09 19 38.78
Review based on sentence 12 26.09 15 30.61
Review based on finding & sentence 22 47.83 15 30.61
Total 46 100 49 100

Decisions of Review Authority

Types of Decisions 2013-2014 2014-2015
Amount Percentage Amount Percentage
Upholds decision 13 28.26 16 32.65
Quashes findings 24 52.17 23 46.94
Substitutes punishment 7 15.22 2 4.08
Mitigates/Commutes/Remits punishment 2 4.35 8 16.33
Total 46 100 49 100

Official Languages

Type of Charge 2013-2014
Amount
2014-2015
Amount
Charge on a Record of Disciplinary Proceedings not in language of trial 8 13
Total 8 13

II. Court Martial Reporting

1 April 2014 – 31 March 2015

Courts Martial by Type

Types of Courts Martial 2013-2014 2014-2015
Amount Percentage Amount Percentage
Standing Court Martial 60 89.55 61 87.14
General Court Martial 7 10.45 9 12.86
Total 67 100 70 100

Language of Courts Martial

Language 2013-2014 2014-2015
Amount Percentage Amount Percentage
English 52 77.61 55 78.57
French 15 22.39 15 21.43
Total 67 100 70 100

Courts Martial by Rank

Ranks 2013-2014
Amount
2014-2015
Amount
Private to Corporal (includes Master-Corporal1) 43 50
Sergeant to Chief Warrant Officer 11 11
Officer 12 10
Total 67 712

Summary of Charges

NDA Article Description 2013-2014
Amount
2014-2015
Amount
83 Disobedience of lawful command 11 16
84 Striking or offering violence to a superior 2 7
85 Insubordinate behaviour 5 14
86 Quarrels and disturbances 0 6
87 Resisted an escort whose duty it was to have him in charge 1 0
88 Desertion 2 1
90 Absent without leave 37 19
93 Cruel or disgraceful conduct 2 4
95 Abuse of subordinates 2 6
97 Drunkenness 8 5
101.1 Failure to comply with conditions 9 11
102 Resisted a non-commissioned member in performing arrest of a person subject to the Code of Service Discipline 0 1
111 Improper driving of vehicles 1 0
114 Stealing 4 8
115 Receiving 0 1
116 Destruction, damage, loss or improper disposal 1 5
117(f) An act of a fraudulent nature 8 7
124 Negligent performance of a military duty 2 0
125(a) Wilfully (or negligently) made a false entry 15 4
125(c) With intent to deceive, altered a document issued for military purpose 2 1
127 Injurious or destructive handling of dangerous substances 1 0
128 Conspired to commit an offence 0 0
129 An act to the prejudice of good order and discipline 41 44
130 (4 CDSA)1 Possession of a substance 2 7
130 (5(1) CDSA) Trafficking in substance 8 3

130 (5(2) CDSA)

Possession for purpose of trafficking 0 1
130 (6 CDSA) Exporting / Exportation of substances 0 2
130 (7 CDSA) Production of substance 0 1
130 (31 FDA)2 Unlawfully selling a substance 1 0
130 (80 CC)3 Breach of duty of care re explosive 1 0
130 (85(1) CC) Using a firearm in the commission of an offence 1 0
130 (86 CC) Careless storage 1 0
130 (86(1) CC) Negligent handling of a firearm 5 4
130 (86(2) CC) Contravention of storage regulations 0 6
130 (90 CC) Carrying a concealed weapon 1 2
130 (91(2) CC) Unauthorized possession of prohibited weapon or restricted weapon 2 6
130 (92(2) CC) Possession of a prohibited weapon 0 2
130 (93 CC) Possession of a firearm at an unauthorized place 1 2
130 (94(1) CC) Unauthorized possession in motor vehicle 0 1
130 (95 CC) Possession of a prohibited or restricted firearm with ammunition 1 3
130 (122 CC) Breach of trust by public officer 0 184
130 (129 CC) Offences relating to public or peace officer 3 1
130 (131 CC) Perjury 0 1
130 (139 CC) Obstructing justice – Wilful attempt to obstruct, pervert or defeat the course of justice 4 1
130 (163.1(4) CC) Possession of child pornography 1 3
130 (163(4.1) CC) Accessing child pornography 1 2
130 (184(1) CC) Interception of private communication 0 1
130 (244 CC) Discharging a firearm with intent 2 0
130 (244.2 CC) Discharging a firearm recklessly 2 0
130 (264.1 CC) Uttering threats 0 3

130 (264(2)(d) CC)

Criminal harassment 0 1
130 (266 CC) Assault 1 10
130 (267 CC) Assault with a weapon or causing bodily harm 1 4
130 (268 CC) Aggravated assault 1 0
130 (269 CC) Unlawfully causing bodily harm 1 0

130 (270.01 CC)

Assaulting a peace officer causing bodily harm 0 2
130 (271 CC) Sexual assault 4 195
130 (334 CC) Punishment for theft - value stolen does not exceed $5000 3 2
130(354 CC) Possession of stolen property 3 0
130 (367 CC) Commits forgery 2 0
130 (368 CC) Uttering a forged document 2 9
130 (380(1) CC) Fraud 7 3
130 (419 CC) Unlawful use of military uniforms or certificates 0 3
130 (430(4) CC) Mischief 1 1
Total Offences 217 284

Courts Martial by Command

Commands 2013-2014 2014-2015
Amount Percentage Amount Percentage
Vice Chief of the Defence Staff 6 8.96 6 8.46
Canada Joint Operations Command 4 5.97 0 0.00
Royal Canadian Navy 13 19.40 16 22.53
Canadian Army 30 44.78 29 40.84
Royal Canadian Air Force 9 13.43 8 11.27
Chief of Military Personnel 3 4.48 12 16.90
Canadian Forces Intelligence Command1 1 1.49 0 0.00
Assistant Deputy Minister (Information Management) 1 1.49 0 0.00
Total 67 100 71 100

Disposition by Case

Disposition 2013-2014 2014-2015
Amount Percentage Amount Percentage
Found/Plead Guilty of at least one charge 54 80.60 55 77.46
Not Guilty of all charges 13 19.40 12 16.90
Stay of all charges 0 0.00 2 2.82
Withdrawal of all charges 0 0.00 2 2.82
Total 67 100 71 100

Sentences

Types of Sentences 2013-2014
Amount
2014-2015
Amount
Dismissal 2 1
Imprisonment 8 6
Imprisonment (suspended) 3 2
Detention 4 4
Detention (suspended) 0 4
Reduction in rank 5 1
Severe reprimand 11 18
Reprimand 18 13
Fine 37 39
Forfeiture of seniority 0 0
Minor punishments: Confinement to ship or barracks 0 0
Total 88 88

III. Appeals Reporting - Court Martial Appeal Court of Canada

1 April 2014 - 31 March 2015

Nature of Appeals

Appeals 2014-2015
Amount
Finding 191
Finding and sentence 1
Release pending appeal 1
Total 21

Disposition of Appeals

Disposition 2014-2015
Amount
Granted 31
Granted in part 1
Dismissed 2
Abandoned 4
In abeyance or reserved 92
Ongoing 2
Total 21

Appeals by Party

Party 2014-2015
Amount
Crown 4
Offender 17
Total 21

IV. Appeals Reporting - Supreme Court of Canada

1 April 2014 - 31 March 2015

Nature of Appeals

Appeals 2014-2015
Amount
Finding 3
Finding and sentence 0
Release pending appeal 1
Total 4

Disposition of Appeals

Disposition 2014-2015
Amount
Granted 1
Granted in part 0
Dismissed 0
Abandoned 0
In abeyance or reserved 3
Ongoing 0
Total 4

Appeals by Party

Party 2014-2015
Amount
Crown 0
Offender 4
Total 4

Alert: Current and Past Statistics

For statistics relating to 2011-12 and 2012-13, refer to Annex B and for prior years, refer to previous JAG annual reports. These statistics are current as of 20 May 2015.

Alert: Case referred to Court Martial

1 Includes 1 case where the accused elected summary trial but the matter was subsequently referred to court martial pursuant to article 108.16(1)a.iii of the Queen’s Regulations and Orders for the Canadian Forces.

Alert: Number of Referrals and Cases referred to Court Martial

1 In previous reports, this statistic reflected the number of referrals from a commanding officer to a referral authority. To reflect more accurately the nature of this statistic, it now reports the number of referrals made by a referral authority.

2 Includes 1 case where the accused elected summary trial but the matter was subsequently referred to court martial pursuant to article 108.16(1)a.iii of the Queen’s Regulations and Orders for the Canadian Forces.

Alert: Appointment

1 Pursuant to article 3.08 of the Queen’s Regulations and Orders for the Canadian Forces, Master-Corporal is not a rank but an appointment.

Alert: Offence under Section 129

1 An offence under section 129 of the NDA is typically set out on a Record of Disciplinary Proceedings with brief particulars that do not necessarily capture all of the alleged circumstances. Prior to 2010-2011 reporting period, section 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 a Record of Disciplinary Proceedings with reliable precision, and in order to minimize the risk of misrepresenting any statistics reported, it was decided to omit any breakdown of section 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 CAF and can be easily identified from the particulars set out in the Record of Disciplinary Proceedings.

Alert: About the Canadian Forces Intelligence Command

1 Effective 27 June 2012, Chief of Defence Intelligence became known as Canadian Forces Intelligence Command.

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 and/or to alter the sentence. A request for review can also be initiated by the CAF.

Alert: Current and Past Statistics

For statistics relating to prior years, refer to previous JAG Annual Reports. These statistics are current as of 20 May 2015.

Alert: Appointment

1 Pursuant to article 3.08 of the Queen’s Regulations and Orders for the Canadian Forces, Master-Corporal is not a rank but an appointment.

2 There were 70 courts martial and 71 accused (1 joint trial).

Alert: Other Federal Acts

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

1 Controlled Drugs and Substances Act, S.C. 1996, c. 19.
2 Food and Drugs Act, R.S.C., 1985, c. F-27.
3 Criminal Code, R.S.C., 1985, c. C-46.

4 Out of those 18 charges of breach of trust, 18 were in relation to the same accused person in the same trial.

5 Out of those 19 charges of sexual assault, 11 were in relation to the same accused person in the same trial.

Alert: About the Canadian Forces Intelligence Command

1 Effective 27 June 2012, Chief of Defence Intelligence became known as Canadian Forces Intelligence Command.

Alert: Multiple Punishments

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

Alert: Current and Past Statistics

For statistics relating to prior years, refer to previous JAG Annual Reports. These statistics are current as of 20 May 2015.

Alert: Finding

1 This statistic is inclusive of 7 appeals on the same constitutional ground.

Alert: Granted and In abeyance or reserved

1 This statistic is inclusive of a granted release pending appeal.

2 This statistic is inclusive of Royes v. R. where the appeal was dismissed on all grounds except for a constitutional question which has receive leave to appeal by the Supreme Court of Canada in a separate matter.

Alert: Current and Past Statistics

For statistics relating to prior years, refer to previous JAG Annual Reports. These statistics are current as of 20 May 2015.

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