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
Tribunals	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
Types of Elections	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
Disposition	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
Language	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
Ranks	Amount	Percentage	Amount	Percentage
Private and Corporal (includes Master-Corporal ¹)	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
NDA Article	Description	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
129 ¹	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
Commands	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
Charges	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
Types of Punishments	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
Types of Requests	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
Types of Decisions	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
Types of Courts Martial	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
Language	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-Corporal ¹)	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
Commands	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
Disposition	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.

¹Controlled 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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Date modified:: 2018-12-13