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 |
Page details
- Date modified: