Military Justice at the Unit Level Policy
Chapter 5 – Post-hearing

Context

This chapter of the Policy is meant to provide guidance about the post-hearing process, including administrative duties. This chapter stands alone as there are no companion provisions in the Queen’s Regulations and Orders for the Canadian Forces (QR&O) that address this subject.

5.1 Application of post-hearing policy

Meaning of final disposition

5.1.1    In this policy, there is a “final disposition” when the officer conducting the summary hearing (OCSH) makes one of the following decisions:

1. To not proceed with a charge following referral;
2. To discontinue a summary hearing (SH) before making a finding;
3. That the service infraction charged was not committed; or
4. That the service infraction charged was committed, resulting in the imposition of a sanction.

5.2 Post-hearing administration

5.2.1    An OCSH who makes a final disposition must complete the relevant sections in Part 6 of the charge report. If there is not an appropriate section in the charge report to indicate the details of the final disposition, the OCSH must prepare written reasons and append a copy to the charge report.

5.2.2    An OCSH who makes a final disposition, but is not the commanding officer (CO) of the person charged, must cause a copy of the updated charge report, any appended documents including the reasons, and the investigation file to be forwarded to the CO of the person charged. The CO must place these documents on the Unit Registry of Disciplinary Proceedings.

5.2.3    If a sanction is imposed, the CO of the person who received the sanction must cause the appropriate entries to be made on the conduct sheet of that person in accordance with DAOD 7006-1 (Preparation and Maintenance of Conduct Sheets).

Sanction implementation

5.2.4    The CO of the person sanctioned is responsible for ensuring that the sanction is implemented.

Return of physical or documentary evidence

5.2.5    After the final disposition of an SH at which physical or documentary evidence was submitted, the CO of the unit where this evidence is held must ensure that, to the extent possible, the evidence is returned to the person who is apparently entitled to it unless:

1. The person charged was found to have committed a service infraction, and the period for requesting a review of the finding or sanction has not expired;^{Footnote 85} 
2. The person found to have committed a service infraction has requested a review of the finding or sanction after the expiry of the application period, and the review authority has not yet decided whether to conduct the requested review; or
3. The evidence is required for the purposes of an investigation or another proceeding.

5.2.6    In the circumstances set out at (a) and (b) where the evidence is not returned, the person apparently entitled to it will be informed and provided with the reasons for its retention along with a general time estimate for when it may be returned.

Communicating findings and sanctions

5.2.7    By the seventh day of each month, every CO must cause copies of any documents that were placed on the Unit Registry of Disciplinary Proceedings during the preceding month except for the investigation file to be forwarded to the most appropriate representative of the Office of the Judge Advocate General. The forwarding of these documents aids in the reviews conducted by legal officers in furtherance of the Judge Advocate General’s statutory responsibility to superintend the administration of military justice in the CAF.

5.2.8    If a review of an SH finding and/or sanction has been initiated but not yet concluded, these facts must be must be communicated when complying with the document forwarding responsibility set out in paragraph 5.2.7.

5.2.9    The CO of the person against whom the sanction of reduction in rank has been imposed, must, as soon as practicable, notify the National Defence Headquarters (Director General Military Careers).

5.3 Disposition of summary hearing records

5.3.1    Documents held in the Unit Registry of Disciplinary Proceedings must be maintained in accordance with the Defence Subject Classification and Disposition System.^{Footnote 86} 

5.4 Public access to copies of summary hearing records

5.4.1    Public access to SH records is governed by the Access to Information Act, the Privacy Act and DAOD 1002-6 (Disclosure of Personal Information).