CANADIAN MILITARY LAW SENTENCING UNDER THE NATIONAL DEFENCE ACT: PERSPECTIVES AND MUSINGS OF A FORMER SOLDIER
AbstractThe Canadian Charter of Rights and Freedoms recognizes the existence of the military justice system and its own tribunals operating in parallel to the Canadian criminal law system. Yet, there continues to be an absolute paucity of any reference works on military law and members of the Canadian military bar are seldom heard or read. This article aims at filling the void, at least in part. In writing this article, the author, who served for 34 years in general staff and command positions in the Canadian Forces, had two general purposes in mind: a) to present the general reader with a general overview of the history, customs, organization, and structure of the military personnel system, and b) to provide a reference work presenting a detailed view of the Code of Military Discipline, both in its contents and its workings. Finally, in light of the extensive changes in 1999 to the National Defence Act and the accompanying regulations, the author concludes by reviewing the nature and impact of each of the punishments that may be imposed by a military tribunal or the Court Martial Appeal Court of Canada to those who are subject to the Code of Service Discipline.
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