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 The Canadian Armed Forces (CAF; , FAC) are the unified Military, military forces of Canada, including sea, land, and air commands referred to as the Royal Canadian Navy, Canadian Army and the Royal Canadian Air Force. Under the ''National Defenc ...

(CF). It is found in Part III of the

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 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; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

, in '' R v Généreux'', recognized the continuing need for a separate system of military justice. The

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

stated that

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

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

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 are always subject to the CSD, both inside and outside

. 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 CFThe Code of Service Discipline and Me
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References

Canadian military law Military justice {{Canada-law-stub

Reasons for existence

Applicability

See also

References