Code Of Service Discipline
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Code Of Service Discipline
The Code of Service Discipline (CSD) is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces (CF). It is found in Part III of the National Defence Act. The CSD: *sets out who is subject to the military justice system *establishes service offences for which a person can be charged *establishes who has the authority to arrest and hold CF members in custody *establishes service tribunals and their jurisdiction to conduct trials of persons charged with service offences *establishes processes for the review and appeal of findings and sentence after trial Reasons for existence The need for a separate justice system to enforce disciplinary standards in the military has a history that dates back to the earliest organized military forces. More recently, the Supreme Court of Canada, in ''R v Généreux'', recognized the continuing need for a separate system of ...
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Military Justice
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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Canadian Forces
} The Canadian Armed Forces (CAF; french: Forces armées canadiennes, ''FAC'') are the unified military forces of Canada, including sea, land, and air elements referred to as the Royal Canadian Navy, Canadian Army, and Royal Canadian Air Force. Personnel may belong to either the Regular Force or the Reserve Force, which has four sub-components: the Primary Reserve, Supplementary Reserve, Cadet Organizations Administration and Training Service, and the Canadian Rangers. Under the '' National Defence Act'', the Canadian Armed Forces are an entity separate and distinct from the Department of National Defence (the federal government department responsible for administration and formation of defence policy), which also exists as the civilian support system for the Forces. The Canadian Armed Forces are a professional volunteer force that consists of approximately 68,000 active personnel and 27,000 reserve personnel, increasing to 71,500 and 30,000 respectively under "Strong, Secure ...
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National Defence Act
The ''National Defence Act'' (NDA; ; ''LDN'') is an Act of the Parliament of Canada, which is the primary enabling legislation for organizing and funding the military of Canada. The Act created the Department of National Defence, which merged the functions of the Department of Militia and Defence with the Department of the Naval Service and the Air Board, after its passage in 1922 and its implementation on 1 January 1923. History On 4 November 1966, Bill C-243, ''The Canadian Forces Reorganization Act'', was introduced to amend the ''National Defence Act''. The aim of the bill was to reorganize the Canadian Army, the Royal Canadian Navy and the Royal Canadian Air Force, previously separate and independent services, under one umbrella. Following the debate in the House of Commons and further examination by the Defence Committee, the Bill was given a third and final reading in April 1967, clearing the way for unification. The ''Canadian Forces Reorganization Act'' came into effe ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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R V Généreux
''R v Généreux'', 9921 S.C.R. 259 is a leading Supreme Court of Canada decision where the Court ruled that that the military court martial system must comply with the constitutional requirements for judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms. Background Michel Généreux was a corporal in the Canadian Forces. He was charged with drug possession for the purpose of trafficking in violation of section 4 of the ''Narcotics Control Act'' and for desertion in violation of section 88(1) of the ''National Defence Act''. In the General Court Martial he was convicted for both offences, which was upheld in the Court Martial Appeal Court. The issue before the Supreme Court was whether the General Court Martial was an independent and impartial tribunal under section 11(d) of the ''Charter''. Opinion of the Court The Court examined the requirements for judicial independence established in '' Valente v. The Queen'' 985 It was found that the judg ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Regular Force
In the Canadian Armed Forces, a Regular Force unit or person is part of the full-time military, as opposed to being part of the Primary Reserve which has more flexibility. There are many bases and wings across Canada, and factors like trade, career progression, and environment will affect where the person ends up. They receive more pay and benefits than members of the Primary Reserve and can be ordered into overseas deployments. Regular Force personnel are employed full-time, and have usually signed long-term contracts ranging anywhere from three to nine years, not including subsidized training or education. There are approximately 68,000 Regular Force personnel in the Canadian Forces. Close to the current authorized strength of 71,500 Regular Force members. On the other hand, the Reserve Forces have an authorized force size of 30,000 members. Organization Royal Canadian Navy The Royal Canadian Navy (RCN) protects Canadian sovereignty and interests at sea, at home and abroad. W ...
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Canadian Forces Primary Reserve
The Primary Reserve of the Canadian Armed Forces (french: links=no, Première réserve des Forces canadiennes) is the first and largest of the four sub-components of the Canadian Armed Forces reserves, followed by the Supplementary Reserve, the Cadet Organizations Administration and Training Service (formerly the Cadet Instructors Cadre) and the Canadian Rangers. The reserve force is represented, though not commanded, at the national level by the chief of reserves and employer support. This is usually a major-general or rear-admiral. The Primary Reserve consists of sailors, soldiers, and aviators who may augment or operate alongside their Regular Force counterparts. Each reserve force is operationally and administratively responsible to its corresponding environmental command; those being the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force. Primary reservists number approximately 27,000 (all ranks, all services). The reserves are important to sustaining ...
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Uniform Code Of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces". History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as ''Ro ...
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Canadian Military Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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