The proposed legislation would enhance the Canadian Armed Forces’ summary trial process by emphasizing the disciplinary nature of these tribunals, while allowing them to deal with minor service misconduct in a more efficient manner with a view towards promoting operational effectiveness in the Canadian Armed Forces.
For instance, in order to clearly establish summary trials as disciplinary tribunals for dealing with minor service misconduct, the proposed legislation would eliminate all penal and criminal aspects of the current summary trial process. Specifically, summary trial jurisdiction would be limited to a new class of “disciplinary infractions,” and would no longer include jurisdiction to try any service offences.
Furthermore, a summary trial would only have the power to impose one or a combination of new non-penal disciplinary sanctions on a person found to have committed a disciplinary infraction. Such sanctions would include reduction in rank, forfeiture of pay, reprimands, and minor sanctions, but would not include the existing punishment of detention in a Service Prison or Detention Barrack.
The fundamental purpose of imposing sanctions in respect of disciplinary infractions would be set out in the legislation, namely, to promote the operational effectiveness of the Canadian Armed Forces by maintaining discipline, efficiency, and morale.
A summary trial presiding officer’s jurisdiction would also be expanded to allow him or her to try accused persons of all ranks, as long as the presiding officer is at least one rank higher than the accused person.
1 “Service offence” , pursuant to section 2 (1) of the National Defence Act, means an offence under this Act, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline.
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