Court Martial Rules of Practice

Table of contents

• Purpose
• Definitions
• General structure notices
• Filing additional material
• Notification of hearing
• Pre-trial conference
• Exhibits
• Preliminary Proceedings application
• Notification of change of counsel
• Request for an interpreter
• Form 1 – Application for hearing of a preliminary proceeding
• Form 2 – Withdrawal of application for preliminary proceeding application
• Form 3 – Notification of change of counsel

Purpose

1. These rules are promulgated by the Chief Military Judge. They exist to simplify and clarify procedures. They provide guidance to parties and set out generally approved procedures which encourage consistency and enhance the fairness and efficiency of courts martial and related procedures.

Definitions

2. "Party" includes:

(a) the prosecutor which means the Director of Military Prosecutions or designate appointed pursuant to section        165.15 of the National Defence Act;
(b) the accused which means the accused personally or defence counsel acting on behalf of the accused including counsel appointed by the Director of Defence Counsel Services for that purpose;
(c)    the representative of the Canadian Forces which means counsel appointed by the Director of Military Prosecutions to represent the interests of the Canadian Forces at a hearing to determine whether a person is to be retained in pre-trial custody or a person appointed for the same purpose by the custody review officer pursuant to section 159 of the National Defence Act;

“Other party” means any other person granted standing by a military judge in a proceeding or legal counsel for that person.

3. “Proceeding” means all proceedings under the Code of Service Discipline presided at by a military judge.

General structure notices

4.  A notice should be in writing on good quality white or off-white paper measuring 21.5 cm by 28 cm (8.5 in. by 11 in.) and include the style of cause, a brief description of the facts and law to be relied upon, the proposed date, time, location and method of hearing, any request for video conference facilities, and the estimated length of the hearing.

5.     A notice should be signed by the party making the application, a copy provided to the other parties and then filed with the Court Martial Administrator who will give a copy to the military judge assigned to preside at the court martial.

6.     Legible fax copies of a notice and attachments up to a total of 20 pages will be accepted for filing.

7.     The address for service of the Court Martial Administrator is:

Mailing address

Office of the Chief Military Judge
National Defence Headquarters
Ottawa, ON    K1A 0K2

By courier

Office of the Chief Military Judge
Asticou Centre, Block 1900
241 de la Cité-des-Jeunes Blvd.
Gatineau (Hull), QC   J8Y 6L2

Fax number

(819) 997-6321

Filing additional material

8. Additional material which has been provided to the other parties may be filed with the Court Martial Administrator until the commencement of the hearings.

Notification of hearing

9. The Court Martial Administrator will advise the parties in writing of the date, time and place of any hearing.

Pre-trial conference  

10. The military judge assigned to preside at a court martial will usually hold a pre-trial conference by telephone with the court reporter, the prosecutor and defence counsel acting on behalf of the accused normally at least three working days before the scheduled commencement of the court martial, to assist in effective trial management.

10.1 The prosecutor or defence counsel may also request pre-trial conferences at any time after a judge has been assigned to preside at a court martial if they believe this would assist in the fair and expeditious resolution of issues.

Exhibits

11. Unless a military judge rules otherwise, a party will only submit unprotected and unclassified documents as exhibits in any proceedings.

Preliminary proceedings application – QR&O 112.03

12. An application may be commenced at any time after a military judge has been assigned to preside and a court martial has been convened.

13. An application for the hearing of a preliminary proceeding pursuant to article 112.03 of Queen's Regulations and Orders for the Canadian Forces, except one included in subparagraph 187(b) of the National Defence Act, is initiated by a party providing notice in writing to the Court Martial Administrator who will forward it to the military judge assigned to preside at the court martial.

14. The requirements for reasonable notice for preliminary applications are set out in article 112.04 of Queen's Regulations and Orders for the Canadian Forces.

15. Notice should be given at least three working days before the date requested for the hearing of the application.^{Footnote 1}

16. At a minimum notice should indicate the requested time, date and place of the hearing; the nature of the relief sought; whether counsel wishes to appear by videoconferencing; the grounds for the application; the evidence to be submitted; the law to be relied upon; and an estimate of how long the hearing will take.

17. An application may be withdrawn at any time prior to the commencement of the hearing by the party initiating the application, by providing a notice of withdrawal in the same manner as the notice of application was provided.

18. Judges will be gowned and counsel will be gowned or in DEU 1A (with medals) for these applications.

19. A sample notice of application for hearing of a preliminary proceeding may be found attached as Form 1 to these rules and a sample notice of withdrawal as Form 2.

Notification of change of counsel

20. Where a party has changed counsel or different counsel has been assigned by the Director of Military Prosecutions or the Director of Defence Counsel Services and that change will not result in a request for rescheduling of any proceeding such change may be notified by the counsel who is withdrawing from representation or the counsel who is commencing representation by providing notice in writing to the Court Martial Administrator. A sample Notice of Change of Counsel may be found attached as Form 3 to these rules.

Request for an interpreter

21. A request by a party under the Official Languages Act for an interpreter at a court martial or any other judicial hearings shall be made in writing and be sent to the Court Martial Administrator as soon as is practicable before the hearing begins.