CANADIAN MILITARY LAW: THE CITIZEN AS SOLDIER

Abstract

The discipline and efficiency required to maintain an armed force can at times conflict with the fundamental rights of soldiers to which, as citizens, they are entitled. This article examines the historical interplay of those competing interests in the Canadian context. The author provides an overview of the history of Canadian military legislation, with particular regard to the National Defence Act, and the rights and duties of service men contained therein. An examination of the disciplinary jurisdiction of military courts, the continuing jurisdiction of military law upon the release of men from service, as well as the issue of double jeopardy from trial under military and civilian courts, is provided. Finally, the author examines the rights of soldiers undergoing disciplinary action, as well as their rights to seek the aid of the civil courts to redress grievances arising out of exercises of military discipline.