Important Legal Information for CAF Members

Being investigated or suspected of a service offence or service infraction

If you are under investigation or suspected of having committed a service offence or a service infraction, you have the right, under the Canadian Charter of Rights and Freedoms (Charter) to:

• Refuse to talk to or answer any questions from any investigator – you are not required to provide any statement of any kind to the military police or military authorities

Being under Detention or Arrest

If you are arrested or detained and are asked you must:

• Identify yourself and provide your name, address, birth date;
• If you are driving, show your driver’s license and proof of insurance.

You have the right under the Charter to:

• Refuse to talk to or answer any questions from any police officer – you are not required to provide any statement of any kind to the police;
• Know the reason why you are being arrested or detained;
• Request to speak with a lawyer and be provided that opportunity as soon as is reasonably possible.

Search

If you, your belongings, vehicle, or residence are being searched, you should:

• clearly inform the police that you do not consent to this search;
• request a copy of the search warrant if one was obtained.

Polygraph

If you are asked by the police to take a polygraph, commonly known as a "lie detector" test, you have the right to refuse to take the test. While any lie detector test results may not be admissible in court, the polygraph interviews before and after the test itself, may be used as evidence against you.

Requesting Representation from DCS

Entitlement

If you have been charged with a service offence and are directed to stand trial at a court martial, you have the right to request military defence counsel. Defence counsel will be appointed by the DDCS at no financial cost to you. For more information on your right to counsel, speak with DCS duty counsel by calling the duty line.

If you are to be tried at a summary hearing, you will not be represented by DCS. However, you have the right to obtain legal advice from the duty defence counsel on matters of a general nature regarding your summary hearing.

Process

Once a charge for a service offence has been laid, the person laying the charge must ask you whether you would like to request legal counsel from DCS.

To apply for the services of a military defence lawyer, you can check the appropriate box and then sign the charge report (this is Form DND 4814 which must be provided to you). This report must be forwarded to DCS by the charge layer once you make the request for our services.

Should you initially decline our services, you can request DCS representation at a later time by submitting a memorandum to your commanding officer asking for our services.  Your commanding officer must forward this request to us once it is made.

Related links

• About DCS – Defence Counsel Services
• Canadian Charter of Rights and Freedoms
• National Defence Act – CSD
• Queen's Regulations and Orders (QR&O) Volume II – Disciplinary
• Military Justice System Time Standards
• Legal Policies and Directives
• Military Law Reports and Publications
• Upcoming court martial proceedings
• Court Martial Decisions
• Court Martial Appeal Court of Canada Decisions
• Supreme Court of Canada Decisions
• Judge Advocate General
• Director of Military Prosecutions