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
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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.
...
(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
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, wh ...
, 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 ...
'', recognized the continuing need for a separate system of military justice. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
stated that
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 tot ...
depends on the CF to defend against threats to its security and the military must be able to enforce discipline effectively and efficiently in order to maintain its readiness. Accordingly, breaches of discipline must be dealt with speedily and will often result in more severe punishments than what a civilian might receive for the same conduct. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
acknowledged that military tribunals are designed to meet the disciplinary needs of the CF and that the ordinary courts would generally be inadequate to serve the particular needs of the military. For example, both summary trials and courts martial can be held wherever forces are deployed. In November 2015, the Supreme Court essentially confirmed its ''R v Généreux'' ruling.
Applicability
All members of the CF
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 ...
are always subject to the CSD, both inside and outside
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 tot ...
. Members of the
Primary Reserve Force are subject to the CSD:
*while undergoing drill or training (whether in uniform or not)
*whenever they are in uniform
*while on any military duty
*24 hours a day, 7 days a week during any period of full-time service (Class "B" or "C" service) with a full-time unit.
*whenever they are present on defence property
*whenever they are in a vehicle, ship or aircraft of the CF
The Code of Service Discipline and Me
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See also
* 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 ...
, an American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
equivalent to the Code of Service Discipline
References
Canadian military law
Military justice
{{Canada-law-stub