Military Sentencing: Difference between revisions

Revision as of 07:53, 17 June 2021

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General Principles

Canadian Forces not affected

5 Nothing in this Act affects any law relating to the government of the Canadian Forces.
R.S., c. C-34, s. 4.

– CCC

Note up: 5

Defined terms: "Act" (s. 2) and "Canadian Forces" (s. 2)

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.")

[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.")

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