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Courts Martial Of Canada
Courts martial of Canada are trials conducted by the Canadian Armed Forces. Such courts martial are authorized under the National Defence Act. Civilians with a military unit also become subject to the courts-martial system. Most commonly, courts martial are convened to try members of the Canadian military for criminal violations of the Code of Service Discipline, which is the Canadian military's criminal code. The constitutionality of military courts martial was upheld by the Supreme Court of Canada in ''R v Généreux'', but changes were mandated to ensure judicial independence. It was also determined that off-duty conduct can also fall under a court martial. Since 2014, decisions of Canada's courts martial have been available online. Decisions of Canadian courts martial can be appealed to the Court Martial Appeal Court of Canada, a body made up of civilian judges, with a further appeal to the Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Armed 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Martial Appeal Court Of Canada
The Court Martial Appeal Court of Canada (CMAC) (french: Cour d'appel de la cour martiale du Canada) hears appeals from Courts-martial of Canada ("courts martial"). In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge. They have the jurisdiction to try military personnel, and those civilian personnel that accompany military personnel abroad, for crimes that contravene the Code of Service Discipline and the National Defence Act; which incorporates many of the offences under the Criminal Code and related statutes. The CMAC was established in 1959 by Parliament under the National Defence Act, to replace the Court Martial Appeal Board. Due to the court's small caseload, justices of the CMAC are cross-appointed from justices of provincial superior courts and the Federal Court and Federal Court of Appeal. Appeals from the CMAC lie with the Supreme Court of Canada. Appeals require leave from the Supreme Court, unless ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts In Canada
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal government the exclusive right to legislate criminal law, while the provinces have exclusive control over much of civil law. The provinces have jurisdiction over the Administration of Justice in their territory. Almost all cases, whether criminal or civil, are heard in provincially or territorially established courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal courts also have jurisd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Courts
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
