Military Sentencing: Difference between revisions
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==General Principles== | ==General Principles== | ||
{{ | {{quotation3| | ||
; Canadian Forces not affected | ; Canadian Forces not affected | ||
5 Nothing in this Act affects any law relating to the government of the Canadian Forces. | 5 Nothing in this Act affects any law relating to the government of the Canadian Forces. | ||
<br> | <br> | ||
R.S., c. C-34, s. 4. | R.S., c. C-34, s. 4. | ||
| | |{{CCCSec2|5}} | ||
|{{NoteUp|5}} | |||
|{{terms- | |||
|"Act" (s. 2) | |||
|"Canadian Forces" (s. 2) | |||
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}} | }} | ||
No one in any military force, domestic or foreign, can be exempted from the regular laws of Canada unless explicitly provided by legislation.<ref> | No one in any military force, domestic or foreign, can be exempted from the regular laws of Canada unless explicitly provided by legislation.<ref> | ||
{{CanLIIRPC|Reference as to whether members of the Military or Naval Forces of the United States of America are exempt from Criminal Proceedings in Canadian Criminal Courts|fsldn|1943 CanLII 31 (SCC)|[1943] SCR 483}}{{perSCC|Duff CJ}}{{atp|497}} ("...the constitutional principle by which, that is to say, a soldier does not, in virtue of his military character, escape the jurisdiction of the civil courts of this country. Nothing short of legislative enactment, or its equivalent, can change this principle.")<br> | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
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===Applicable Offences=== | ===Applicable Offences=== | ||
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; Constitutionality | ; Constitutionality | ||
Section 130(1)(a) of the NDA does not violate s. 11(f){{CCRF}}.<ref> | Section 130(1)(a) of the NDA does not violate s. 11(f){{CCRF}}.<ref> | ||
{{CanLIIRP|Stillman|j1n56|2019 SCC 40 (CanLII)|436 DLR (4th) 193}}{{perSCC-H|Moldaver and Brown JJ}} (5:2) | |||
</ref> | </ref> | ||
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==Available Sentences== | ==Available Sentences== | ||
Section 139 of the National Defence Act provides for the following available sentences: | Section 139 of the ''National Defence Act'' provides for the following available sentences: | ||
{{quotation1| | {{quotation1| | ||
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; Notification | ; Notification | ||
(4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order. | (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the ''Firearms Act'' to be notified of the order. | ||
{{LegHistory90s|1995, c. 39}}, s. 176; {{LegHistory90s|1996, c. 19}}, s. 83.1; {{LegHistory10s|2012, c. 1}}, s. 50; {{LegHistory10s|2013, c. 24}}, s. 22. | {{LegHistory90s|1995, c. 39}}, s. 176; {{LegHistory90s|1996, c. 19}}, s. 83.1; {{LegHistory10s|2012, c. 1}}, s. 50; {{LegHistory10s|2013, c. 24}}, s. 22. | ||
Latest revision as of 14:25, 14 July 2024
General Principles
No one in any military force, domestic or foreign, can be exempted from the regular laws of Canada unless explicitly provided by legislation.[1]
- ↑
Reference as to whether members of the Military or Naval Forces of the United States of America are exempt from Criminal Proceedings in Canadian Criminal Courts, 1943 CanLII 31 (SCC), [1943] SCR 483, per Duff CJ, at p. 497 ("...the constitutional principle by which, that is to say, a soldier does not, in virtue of his military character, escape the jurisdiction of the civil courts of this country. Nothing short of legislative enactment, or its equivalent, can change this principle.")