Courts martial of Canada are
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ...
s 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 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 Pa ...
, 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 ''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 ...
'', 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
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 fro ...
, a body made up of civilian judges, with a further appeal to the
Supreme Court of Canada, by leave of the Supreme Court.
References
External links
Office of the Chief Military Judge
Courts in Canada
Military courts
Courts martial of Canada
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