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:

Why the CSD exists

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 military justice. The Supreme Court stated that Canada depends on the CF to defend against threats to our 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 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.[1]

Who is subject to the CSD

All members of the CF Regular Force are always subject to the CSD, both inside and outside Canada. Members of the Primary Reserve Force are subject to the CSD:

References


This article is issued from Wikipedia - version of the Friday, November 20, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.