Code of Service Discipline
Code of Service Discipline is a topic that has captured the attention of millions of people around the world. Since its appearance on the public scene, it has generated endless debate and has sparked growing interest in various disciplines. This phenomenon has been the subject of study by academics, has inspired artists and has challenged conventions in its respective industry. As Code of Service Discipline continues to make headlines and generate controversy, it is important to analyze its impact on contemporary society and understand the extent to which it has shaped the way we think and act. In this article, we will closely explore Code of Service Discipline and examine its influence on different aspects of our daily lives.
The Code of Service Discipline (CSD) is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces (CF). It is found in Part III of the National Defence Act. The CSD:
- sets out who is subject to the military justice system
- establishes service offences for which a person can be charged
- establishes who has the authority to arrest and hold CF members in custody
- establishes service tribunals and their jurisdiction to conduct trials of persons charged with service offences
- establishes processes for the review and appeal of findings and sentence after trial
Reasons for existence
The need for a separate justice system to enforce disciplinary standards in the military has a history that dates back to the earliest organized military forces. More recently, the Supreme Court of Canada, in R v Généreux, recognized the continuing need for a separate system of military justice. The Supreme Court stated that Canada depends on the CF to defend against threats to its security and the military must be able to enforce discipline effectively and efficiently in order to maintain its readiness. Accordingly, breaches of discipline must be dealt with speedily and will often result in more severe punishments than what a civilian might receive for the same conduct. The Supreme Court acknowledged that military tribunals are designed to meet the disciplinary needs of the CF and that the ordinary courts would generally be inadequate to serve the particular needs of the military. For example, both summary trials and courts martial can be held wherever forces are deployed. In November 2015, the Supreme Court essentially confirmed its R v Généreux ruling.
Applicability
All members of the CF Regular Force are always subject to the CSD, both inside and outside Canada. Members of the Primary Reserve Force are subject to the CSD:
- while undergoing drill or training (whether in uniform or not)
- whenever they are in uniform
- while on any military duty
- 24 hours a day, 7 days a week during any period of full-time service (Class "B" or "C" service) with a full-time unit.
- whenever they are present on defence property
- whenever they are in a vehicle, ship or aircraft of the CF
See also
- Uniform Code of Military Justice, an American equivalent to the Code of Service Discipline
References
- ^ "Supreme Court of Canada upholds constitutionality of military justice system". CTV News. Bell Media. 19 November 2015. Retrieved 19 November 2015.
- ^ The Code of Service Discipline and Me
.svg){kind=small}  | This article about Canadian law is a stub. You can help Wikipedia by expanding it. |