Annex B: Summary Trials and Court Martial - Year in Review

Statistics: 1 April 2011 - 31 March 2013. These statistics are current as of 20 May 2015.

Distribution of Service Tribunals

Tribunals 2011-2012 2012-2013
Amount Percentage Amount Percentage
Number of courts martial 62 4.13 64 4.88
Number of summary trials 1438 95.87 1248 95.12
Total 1500 100 1312 100

I. Summary Trials Reporting

1 April 2011 - 31 March 2013

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.

Elections

Types of Elections 2011-2012 2012-2013
Amount Percentage Amount Percentage
Elections to be tried by summary trial 500 91.07 405 85.81
Elections to be tried by court martial 49 8.93 67 14.19
Total 549 100 472 100

Disposition of cases at unit level

Disposition 2011-2012 2012-2013
Amount Percentage Amount Percentage
Cases directly referred to courts martial 52 3.34 60 4.31
Elections to be tried by courts martial 49 3.14 67 4.81
Elections to be tried by summary trial 500 32.07 405 29.09
Summary trials without an election 938 60.17 843 60.56
Cases not proceeded with at summary trial 20 1.28 17 1.22
Total 1559 100 1392 100

Language of Summary Trials

Language 2011-2012 2012-2013
Amount Percentage Amount Percentage
Number in English 1130 78.58 1013 81.17
Number in French 308 21.42 235 18.83
Total 1438 100 1248 100

Summary Trials by Rank

Ranks 2011-2012 2012-2013
Amount Percentage Amount Percentage
Private and Corporal (includes Master-Corporal1) 1202 83.59 1001 80.21
Sergeant to Chief Warrant Officer 73 5.08 71 5.69
Officer 163 11.33 176 14.10
Total 1438 100 1248 100

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.

Summary of Charges

NDA Article Description 2011-2012 2012-2013
Amount Percentage Amount Percentage
83 Disobedience of lawful command 68 3.38 29 1.67
84 Striking or offering violence to a superior officer 3 0.15 8 0.46
85 Insubordinate behavior 86 4.27 55 3.17
86 Quarrels and disturbances 63 3.13 52 3.00
87 Resisting or escaping from arrest or custody 1 0.05 0 0.00
90 Absence without leave 671 33.30 607 35.00
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 173 8.58 153 8.82
98 Malingering, aggravating disease or infirmity or injuring self or another 3 0.15 0 0.00
101.1 Failure to comply with conditions 6 0.30 3 0.17
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 0.64 15 0.87
113 Causing fires 0 0.00 1 0.06
114 Stealing 11 0.54 12 0.69
115 Receiving 0 0.00 1 0.06
116 Destruction, damage, loss or improper disposal 11 0.54 9 0.52
117 Miscellaneous offences 10 0.50 30 1.73
118(2) 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 22 1.09 11 0.63
127 Injurious or destructive handling of dangerous substances 0 0.00 3 0.17
1291 Conduct to the prejudice of good order and discipline – Negligent discharge 263 13.05 260 15.00
129 Conduct to the prejudice of good order and discipline – Excluding negligent discharge 554 27.49 440 25.37
130 Service trial of civil offences 36 1.79 26 1.50
Total 2015 100 1734 100

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 an 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.

Summary Trials by Command

Commands 2011-2012
Amount Percentage
Vice Chief of the Defence Staff 7 0.49
Canada Command 1 0.07
Canada Operational Support Command 9 0.62
Canada Special Operations Forces Command 9 0.62
Canada Expeditionary Force Command 176 12.24
Chief of Maritime Staff 219 15.23
Chief of the Land Staff 661 45.97
Chief of the Air Staff 111 7.72
Chief of Military Personnel 227 15.79
Assistant Deputy Minister (Information Management) 3 0.21
Assistant Deputy Minister (Material) 0 0.00
Chief of Defence Intelligence1 15 1.04
Total 1438 100

Alert: About the Canadian Forces Intelligence Command

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

Summary Trials by Command

Commands 2012-2013
Amount Percentage
Vice Chief of the Defence Staff 17 1.36
Canada Joint Operations Command1 64 5.13
Canada Special Operations Forces Command 15 1.20
Royal Canadian Navy2 248 19.87
Canadian Army3 623 49.92
Royal Canadian Air Force4 96 7.69
Chief of Military Personnel 180 14.43
Assistant Deputy Minister (Information Management) 3 0.24
Assistant Deputy Minister (Material) 2 0.16
Canadian Forces Intelligence Command5 0 0.00
Total 827 100

Alert: Changes in Command Names

1 Effective October 2012, Canada Command, Canada Operational Support Command and Canada Expeditionary Force Command merged to form the Canada Joint Operations Command.

2 Effective 7 February 2012, Chief of Maritime Staff became known as the Royal Canadian Navy.

3 Effective 17 January 2012, Chief of Land Staff became known as the Canadian Army.

4 Effective 17 January 2012, Chief of Air Staff became known as the Royal Canadian Air Force.

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

Findings by Charge

Charges 2011-2012 2012-2013
Amount Percentage Amount Percentage
Guilty 1800 89.33 1545 89.10
Guilty – Special findings 8 0.40 6 0.35
Guilty of related offence 9 0.47 4 0.23
Not guilty 124 6.15 107 6.17
Charge stayed 45 2.23 49 2.83
Charge not proceeded with

29

1.44 23 1.33
Total 2015 100 1734 100

Punishments

Types of Punishments 2011-2012 2012-2013
Amount Percentage Amount Percentage
Detention (suspended) 8 0.44 8 0.50
Detention 51 2.78 42 2.62
Reduction in rank 5 0.27 8 0.50
Severe reprimand 6 0.33 5 0.31
Reprimand 61 3.32 52 3.24
Fine 1092 59.51 1011 63.07
Confinement to ship or barracks 431 23.49 341 21.27
Extra work and drill 126 6.87 90 5.61
Stoppage of leave 16 0.87 25 1.56
Caution 39 2.13 21 1.31
Total 1835 100 1603 100

Alert: Multiple Punishments

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

Reviews

Types of Requests 2011-2012 2012-2013
Amount Percentage Amount Percentage
Review based on finding 7 22.58 10 31.25
Review based on sentence 15 48.39 16 50.00
Review based on finding & sentence 9 29.03 6 18.75
Total 31 100 32 100

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.

Decisions of Review Authority

Types of Decisions 2011-2012 2012-2013
Amount Percentage Amount Percentage
Upholds decision 14 46.67 10 31.25
Quashes findings 6 20.00 8 25.00
Substitutes punishment 1 3.33 5 15.63
Mitigates/Commutes/Remits punishment 9 30.00 9 28.13
Total 301 100 32 100

Alert: Decision Review

1 A decision has not been made in one file where a request for review was made - currently under review.

Official Languages

Type of Charge 2011-2012
Amount
2012-2013
Amount
Charge on a Record of Disciplinary Proceedings not in language of trial 23 15
Total 23 15
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