Annex B: Courts Martial - Year in Review
Statistics: 1 April 2015 - 31 March 2016.
Courts Martial by Type
| Types of Courts Martial | 2014-2015 | 2015-2016 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Standing Court Martial | 61 | 87 | 40 | 85.1 |
| General Court Martial | 9 | 13 | 7 | 14.9 |
| Total | 70* | 100 | 47 | 100 |
Attention: Appointment
* There were 70 courts martial and 71 accused (1 joint trial).
Language of Courts Martial
| Language | 2014-2015 | 2015-2016 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| English | 55 | 79 | 40 | 85.1 |
| French | 15 | 21 | 7 | 14.9 |
| Total | 70 | 100 | 47 | 100 |
Courts Martial by Rank
| Ranks | 2014-2015 Amount |
2015-2016 Amount |
|---|---|---|
| Private to Corporal (includes Master Corporal*) | 50 | 32 |
| Sergeant to Chief Warrant Officer | 11 | 7 |
| Officer | 10 | 8 |
| Total | 71** | 47 |
Attention: Multiple Punishments
* Pursuant to QR&O 3.08, Master Corporal is not a rank but an appointment.
** There were 70 courts martial and 71 accused (1 joint trial).
Summary of Charges Disposed of at Court Martial
| NDA Section | Description | 2014-2015 Amount |
2015-2016 Amount |
|---|---|---|---|
| 83 | Disobedience of lawful command | 16 | 7 |
| 84 | Striking or offering violence to a superior | 7 | 0 |
| 85 | Insubordinate behaviour | 14 | 7 |
| 86 | Quarrels and disturbances | 6 | 1 |
| 87 | Resisted an escort whose duty it was to have him in charge | 0 | 0 |
| 88 | Desertion | 1 | 2 |
| 90 | Absence without leave | 19 | 16 |
| 93 | Cruel or disgraceful conduct | 4 | 2 |
| 95 | Abuse of subordinates | 6 | 3 |
| 97 | Drunkenness | 5 | 4 |
| 101.1 | Failure to comply with conditions | 11 | 11 |
| 102 | Resisted a non-commissioned member in performing arrest of a person subject to the Code of Service Discipline | 1 | 0 |
| 111 | Improper driving of vehicles | 0 | 0 |
| 112 | Improper use of vehicles | 0 | 1 |
| 114 | Stealing | 8 | 3 |
| 115 | Receiving | 1 | 0 |
| 116 | Destruction, damage, loss or improper disposal | 5 | 3 |
| 117 | Miscellaneous offences | 7 | 5 |
| 124 | Negligent performance of a military duty | 0 | 0 |
| 125(a) | Wilfully (or negligently) made a false entry | 4 | 8 |
| 125(c) | With intent to deceive, altered a document issued for military purpose | 1 | 1 |
| 127 | Injurious or destructive handling of dangerous substances | 0 | 0 |
| 128 | Conspired to commit an offence | 0 | 0 |
| 129 | Conduct to the prejudice of good order and discipline | 44 | 39 |
| 130 (4 CDSA)* | Possession of a substance | 7 | 0 |
| 130 (5(1) CDSA) | Trafficking in substance | 3 | 0 |
| 130 (5(2) CDSA) |
Possession for purpose of trafficking | 1 | 0 |
| 130 (6 CDSA) | Exporting / Exportation of substances | 2 | 0 |
| 130 (7 CDSA) | Production of substance | 1 | 0 |
| 130 (31 FDA)** | Unlawfully selling a substance | 0 | 0 |
| 130 (80(d) CC)*** | Dangerous handling of explosive substance | 0 | 0 |
| 130 (85(1) CC) | Using a firearm in the commission of an offence | 0 | 0 |
| 130 (86 CC) | Careless storage | 0 | 0 |
| 130 (86(1) CC) | Negligent handling of a firearm | 4 | 0 |
| 130 (86(2) CC) | Contravention of storage regulations | 6 | 0 |
| 130 (90 CC) | Carrying a concealed weapon | 2 | 0 |
| 130 (91(2) CC) | Unauthorized possession of prohibited weapon or restricted weapon | 6 | 0 |
| 130 (92(2) CC) | Possession of a prohibited weapon | 2 | 0 |
| 130 (93 CC) | Possession of a firearm at an unauthorized place | 2 | 0 |
| 130 (94(1) CC) | Unauthorized possession in motor vehicle | 1 | 0 |
| 130 (95 CC) | Possession of a prohibited or restricted firearm with ammunition | 3 | 0 |
| 130 (101(2) CC) | Transfer without authority | 0 | 1 |
| 130 (104(2) CC) | Unauthorized importing | 0 | 1 |
| 130 (122 CC) | Breach of trust by public officer | 18 | 0 |
| 130 (129 CC) | Offences relating to public or peace officer | 1 | 3 |
| 130 (131 CC) | Perjury | 1 | 0 |
| 130 (139 CC) | Obstructing justice – Wilful attempt to obstruct, pervert or defeat the course of justice | 1 | 0 |
| 130 (153(a) CC)**** | False Statements, evasion of duties | 0 | 1 |
| 130 (163.1(4) CC) | Possession of child pornography | 3 | 1 |
| 130 (163(4.1) CC) | Accessing child pornography | 2 | 1 |
| 130 (184(1) CC) | Interception of private communication | 1 | 0 |
| 130 (249.1(a) CC) | Dangerous operation of a motor vehicle | 0 | 2 |
| 130 (264.1 CC) | Uttering threats | 3 | 3 |
| 130 (264(2)(d) CC) |
Criminal harassment | 1 | 0 |
| 130 (266 CC) | Assault | 10 | 1 |
| 130 (267 CC) | Assault with a weapon or causing bodily harm | 4 | 2 |
| 130 (268 CC) | Aggravated assault | 0 | 0 |
| 130 (269 CC) | Unlawfully causing bodily harm | 0 | 0 |
| 130 (270.01 CC) |
Assaulting a peace officer causing bodily harm | 2 | 1 |
| 130 (271 CC) | Sexual assault | 19 | 4 |
| 130 (334(a) CC) | Punishment for theft - value stolen exceeds $5000 | 0 | 1 |
| 130 (334(b) CC) | Punishment for theft - value stolen does not exceed $5000 | 2 | 7 |
| 130 (342.1 CC) | Unauthorized use of a computer | 0 | 7 |
| 130(354 CC) | Possession of stolen property | 0 | 0 |
| 130(355.2 CC) | Trafficking in property obtained by crime | 0 | 2 |
| 130 (367 CC) | Commits forgery | 0 | 3 |
| 130 (368 CC) | Uttering a forged document | 9 | 4 |
| 130 (380(1) CC) | Fraud | 3 | 3 |
| 130 (419 CC) | Unlawful use of military uniforms or certificates | 3 | 0 |
| 130 (430(4) CC) | Mischief | 1 | 0 |
| Total Offences | 284 | 154 | |
Attention: 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).
*** Criminal Code, (R.S.C., 1985, c. C-46).
**** Customs Act, (R.S.C., 1985, c. 1 (2nd Supp.)).
Courts Martial by Command
| Commands | 2014-2015 | 2015-2016 | ||
|---|---|---|---|---|
| Amount | Percentage | Amount | Percentage | |
| Vice Chief of the Defence Staff | 6 | 8.46 | 3 | 6.38 |
| Canada Joint Operations Command (CJOC) | 0 | 0 | 1 | 2.13 |
| Royal Canadian Navy | 16 | 22.53 | 8 | 17.02 |
| Canadian Army | 29 | 40.84 | 20 | 42.55 |
| Royal Canadian Air Force | 8 | 11.27 | 9 | 19.15 |
| Chief of Military Personnel | 12 | 16.90 | 5 | 10.64 |
| Assistant Deputy Minister (Information Management) | 0 | 0 | 1 | 2.13 |
| Total | 71 | 100 | 47 | 100 |
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