L’INFRACTION MILITAIRE DE CONDUITE DÉSHONORANTE DEVANT LES COURS MARTIALES CANADIENNES

ÉTUDE QUANTITATIVE D’UN MAUVAIS REMÈDE CONTRE LES VIOLENCES SEXUELLES

Abstract

Disgraceful conduct is a military offence under section 93 of the National Defence Act that is frequently prosecuted before the courts-martial of Canada. Despite its rather vague wording, and the fact that offenders face up to five years in prison, disgraceful conduct has been the subject of very little legal scholarship. 

The first section of this article gives the most comprehensive overview possible of cases from the last 25 years that have shaped how “disgraceful conduct” is interpreted.

The second section of the article provides a quantitative analysis of the case law, looking at 70 courts-martial cases in which a verdict was delivered on a charge of disgraceful conduct, spanning the period from January 1, 2000, to April 1, 2025. Attention is paid to the acquittal rate for military members charged with the offence, the types of behaviour that led to such charges, and the sentences handed down to those found guilty.

Disturbingly, the analysis finds that most charges of disgraceful conduct are laid for sexually violent behaviour (74%), yet prison sentences are rarely given for these charges (10%). Instead, sex offenders convicted of disgraceful conduct are generally let off with a fine and either a reprimand or severe reprimand.

When these sentences are compared to the sentences handed down in civilian criminal courts for similar sexual offences, it is evident that there is a dramatic disconnect between the criminal and military justice systems in terms of severity of punishment. This finding, in the author’s view, is cause for consideration of what role the disgraceful conduct charge serves in maintaining military discipline. The article concludes by calling on the courts-martial to play their part in denouncing sexual misconduct within the Canadian Armed Forces—a responsibility that, up to this point, has sadly been taken a too lightly.