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
- [The Accused]
- [Service Number]
C34 567 890 - [Name and Rank]
Sergeant Green - [Unit or Element]
RCD - [is charged with having committed the following offence(s):]
- [Statement of Offence / Statement of Particulars (attach a page(s), as necessary]
- FIRST CHARGE (Alternative to Second Charge) Section 95 N.D.A.
ILL-TREATED A PERSON WHO BY REASON OF RANK WAS SUBORDINATE TO HIM
Particulars: In that he, on 12 July 20__, at Canadian Forces Base Petawawa, did push A23 456 789 Corporal B.C. Jackson. - SECOND CHARGE (Alternative to First Charge) Section 130 N.D.A.
AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, ASSAULT CONTRARY TO SECTION 266 OF THE CRIMINAL CODE
Particulars: In that he, on 12 July 20__, at Canadian Forces Base Petawawa, did commit an assault upon A23 456 789 Corporal B.C. Jackson. - THIRD CHARGE Paragraph 112(a) N.D.A.
USED A VEHICLE OF THE CANADIAN FORCES FOR AN UNAUTHORIZED PURPOSE
Particulars: In that he, on 18 June 20__, at Canadian Forces Base Petawawa, without authority, used a G-Wagon, CFR number 12345, a vehicle of the Canadian Forces, to transport him to Belleville, Ontario, when proceeding on leave.
- FIRST CHARGE (Alternative to Second Charge) Section 95 N.D.A.
- [Name, Rank and Position of Person Laying Charge(s)]
CWO A.B. Gagnon, RSM RCD - [Signature]
- [Date]
30 Jul 20-- - [Charge(s) referred to:]
- [Commanding Officer] (selected)
- [Delegated Officer]
- [Copy to accused] (selected)
- [APPOINTMENT OF ASSISTING OFFICER]
- [Name and Rank of Assisting Officer Appointed]
Captain C.P. Jones
- [Name and Rank of Assisting Officer Appointed]
- [LANGUAGE OF THE PROCEEDINGS CHOSEN BY THE ACCUSED]
- [English] (selected)
- [French]
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.)
- [INFORMATION IDENTIFIED IN ATTACHED LIST AND A COPY OF THE LIST PROVIDED TO ACCUSED]
- [Name, Rank and Position of Person(s) Providing Information]
CWO A.B. Gagnon, RSM RCD - [Signature]
- [Date]
1 Aug 20--
- [Name, Rank and Position of Person(s) Providing Information]
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
- 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;
- I have had an opportunity to consult legal counsel.
I elect to be tried by
- [Summary Trial] (selected)
- [Court Martial]
- [Name, Rank and Signature of Accused]
Sgt D.E. Green - [Name, Rank, Position and Signature of Person Receiving Election]
Capt G.F. Richard, Adjt RCD - [Date and Time Received]
1035 Hrs 7 Aug
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)
- [Name, Rank and Position of Officer to Whom Charges Referred]
- [Name, Rank and Position of Officer Making Referral (attach correspondence to document initial and subsequent referrals]
- [Signature]
- [Date]
PART 5 – CHARGE(S) NOT PROCEEDED WITH – COMMANDING OFFICERS AND SUPERIOR COMMANDERS (Where Applicable)
(See QR&O Art. 108.19 and 108.195)
- [Charge No.(s) not proceeded with:]
3 - [Name, Rank and Position of Officer Deciding not to Proceed]
LCol R.G. McAuley, CO RCD - [Signature]
- [Date]
7 August
PART 6 – SUMMARY TRIAL
(See QR&O Art. 108.20)
- [Summary Trial by:]
- [Delegated Officer]
- [Commanding Officer] (selected)
- [Superior Commander]
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:
- [Found not guilty of charge(s) no.:]
- [Found guilty of charge(s) no.:]
1 - [Found guilty of related, less serious or attempted offence(s) on charge(s) no.:]
- [Charge(s) is (are) stayed in respect of alternate charge(s) no.:]
2
(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
- [Name, Rank and Position of Officer Conducting the Summary Trial]
LCol R.G. McAuley, CO RCD - [Signature]
- [Date]
8 Aug
PART 7 – REVIEW OF FINDINGS AND PUNISHMENTS
(See QR&O Art. 108.45 and 116.02)
- [Name, Rank and Position of Review Authority]
Col J.F. Tremblay, Comd 2 CBMG - [Review Decision (attach relevant correspondence]
Mitigated to $1000 Fine - [Date of decision]
15 Sep
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)
- [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-- - [Witnesses to be presented at summary trial:]
- [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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