Annex B: Form and Sample of the Record of Disciplinary Proceedings

CF 78 (09-99) 7530-21-920-0769
Design: Forms Management 993-4050

Disclaimer

This publication has not yet been updated to reflect the legislative amendments resulting from the Strengthening Military Justice in the Defence of Canada Act, SC 2013, c 24, which came into force on 1 September 2018.

PART 1 – CHARGE REPORT

PART 2 – INFORMATION PROVIDED TO ACCUSED PRIOR TO ELECTION OR SUMMARY TRIAL (Attach a list of all information provided in accordance with QR&O Art. 108.15. List to identify any evidence to be relied on at trial.)

PART 3 – ELECTION TO BE TRIED BY COURT MARTIAL (Where Applicable)
(See QR&O Art. 108.14 and 108.17)

At [Date and Time] 1030 Hrs 6 August, the accused was informed of the right to elect trial by court martial, and of the requirement to make his/her decision known by (not less than 24 hours) [Date and Time] 1130 Hrs 7 August.

I confirm that

  1. the nature and gravity of the offence(s) and the differences between trial by court martial and trial by summary trial were discussed with my assisting officer;
  2. I have had an opportunity to consult legal counsel.

I elect to be tried by

PART 4 – REFERRAL OF CHARGE(S) BY DELEGATED OFFICER, COMMANDING OFFICER, SUPERIOR COMMANDER AND REFERRAL AUTHORITY (Where Applicable)
(See QR&O Art. 108.16, 108.19, 108.195 108.34 and 109.05)

PART 5 – CHARGE(S) NOT PROCEEDED WITH – COMMANDING OFFICERS AND SUPERIOR COMMANDERS (Where Applicable)
(See QR&O Art. 108.19 and 108.195)

PART 6 – SUMMARY TRIAL
(See QR&O Art. 108.20)

Findings

Having considered the essential elements of each charge, the evidence received, the credibility of the witnesses heard, the representations submitted by the accused and the concept of reasonable doubt, the accused is:

(For special finding, see QR&O article 103.64 (Special Findings).)

Sentence

Having considered the evidence in support of the charge(s), the evidence concerning sentence, including aggravating and mitigating factors, the representations by the accused, and the circumstances and factors affecting sentence as set out in the notes to QR&O article 108.20 (Procedure), the accused is sentenced to:
$1500 fine

PART 7 – REVIEW OF FINDINGS AND PUNISHMENTS
(See QR&O Art. 108.45 and 116.02)

INFORMATION PROVIDED IN ACCORDANCE WITH ARTICLE 108.15
C34 567 890 Sergeant Green D.E., RCD
(To be attached to RDP and provided to the accused)

  1. [Investigation reports, witness statements or other information made available to the accused:]
    Investigation Report: MPIR CFBP 910-23-99 dated 23 July 20--
    Investigation Report: MPIR CFBP 910-24-99 dated 24 July 20--
  2. [Witnesses to be presented at summary trial:]
  3. [Documentary and real evidence to be presented at summary trial:]
    Cautioned statement provided to the Military Police by C34 567 890 Sergeant Green
    Dated 19 July 20--

Information provided to accused on [date] 1 Aug by [name, rank and position] CWO Gagnon, RSM RCD.

A.B. Gagnon
CWO
RSM RCD
5555

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