QR&O: Volume II - Chapter 111 Convening Of Courts Martial And Pre-Trial Administration

Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.

The consolidation of the QR&O is current as of 3 July 2019. The last modifications to the QR&O came into force on 28 June 2019.

The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

Amendment List:

• 1 September 2018 – new article: 111.0221
• 1 September 2018 – article amended: 111.023
• 1 September 2018 – heading amended: 111.03
• 1 September 2018 – paragraph amended: 111.03(1)
• 1 September 2018 – subparagraphs amended: 111.03(3)(c) and (4)(c)
• 1 September 2018 – paragraphs amended: 111.03(6) and (9)
• 1 September 2018 – new note: 111.03
• 1 September 2018 – heading amended: Section 3
• 1 September 2018 – articles amended: 111.05 to 111.07
• 1 September 2018 – article and notes repealed: 111.09
• 1 September 2018 – new article and notes: 111.09
• 1 September 2018 – new article: 111.091
• 1 September 2018 – article amended: 111.11
• 18 October 2013 – amended heading: 111.10
• 18 October 2013 – replaced article: 111.10
• 18 October 2013 – replaced Note: 111.10
• 19 October 2012 – amended article: 111.03
• 18 July 2008 – amended article: 111.02
• 18 July 2008 – new article: 111.021
• 18 July 2008 – new article: 111.022
• 18 July 2008 – new article: 111.023
• 18 July 2008 – new article: 111.024
• 18 July 2008 – new article: 111.025
• 18 July 2008 – amended article: 111.03
• 18 July 2008 – amended article: 111.04
• 18 July 2008 – amended article: 111.09
• 18 July 2008 – amended article: 111.13
• 5 June 2008 – amended article: 111.06

History:

• ARCHIVED – Historical version for the period 18 October 2013 to 31 August 2018
• ARCHIVED – Historical version for the period 19 October 2012 to 17 October 2013
• ARCHIVED – Historical version for the period 18 July 2008 to 18 October 2008
• ARCHIVED – Historical version for the period 5 June 2008 to 17 July 2008
• ARCHIVED – Historical version for the period 1 September 1999 to 4 June 2008

(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)

Section 1 – Application

111.01 – APPLICATION

This chapter applies to the convening of courts martial and pre-trial administration.

(G) [P.C. 1999-1305 effective 1 September 1999]

Section 2 – Court Martial Administrator

111.02 – CONVENING OF COURTS MARTIAL

(1) Subsection 165.19(1) of the National Defence Act provides:

(2) The order convening a court martial shall:

(a) state the date the Director of Military Prosecutions or other authorized officer preferred charges against the accused;

(b) state the type of court martial convened, the date and time proceedings commence, the place where it will be held and the language of proceedings chosen by the accused;

(c) identify by name, service number and rank if applicable, the accused person, the military judge assigned to preside at the court martial and, in the case of a General Court Martial, the members and alternate members; and (18 July 2008)

(d) require the members and alternate members to assemble on the date, time and place specified in the convening order subject to any direction by the military judge assigned to preside at the court martial.

(2.1) Despite paragraph (2), the Court Martial Administrator may issue a separate order to identify the members and alternate members of a General Court Martial and require them to assemble, if the Court Martial Administrator considers it to be more efficient for the administration of the convening process. (18 July 2008)

(3) A court may be convened to try more than one accused, but the trial of each of the accused shall be separate unless the accused are to be tried jointly (see article 110.09 – Joint Trials).

(G) [P.C. 2008-1319 effective 18 July 2008]

111.021 – MANDATORY GENERAL COURT MARTIAL

Subsection 165.191 of the National Defence Act provides

(C) [18 July 2008]

111.022 – MANDATORY STANDING COURT MARTIAL

Section 165.192 of the National Defence Act provides

(C) [18 July 2008]

111.0221 – CHOICE OF TYPE OF COURT MARTIAL

Subsections 165.193(1) to (3) and (7) of the National Defence Act provide:

(C) [1 September 2018]

111.023 – FORM FOR CHOOSING TYPE OF COURT MARTIAL

(1) Part 1 of the following form may be used by the Court Martial Administrator to notify an accused person of the choice to be tried by General Court Martial or Standing Court Martial and Part 2 of the form may be used by the accused person to notify the Court Martial Administrator of their choice:

CHOICE OF TYPE OF COURT MARTIAL

(Section 165.193 of the National Defence Act)

PART 1

NOTICE

To (service number and rank (if applicable) and full name of the accused person):

1. The charge(s) set out in the attached charge sheet (has or have) been preferred against you. As a result, I am required to convene a court martial for your trial.

2. In light of the charge(s) preferred against you, sections 165.191 and 165.192 of the National Defence Act do not apply. Therefore, you have the right, under subsection 165.193(1) of that Act, to choose to be tried by General Court Martial or Standing Court Martial. You are entitled to consult legal counsel before making your choice.

3. If you do not notify me, in writing, of your choice within 14 days after the day on which you receive this notice, you will be deemed, by virtue of subsection 165.193(3) of the National Defence Act, to have chosen to be tried by General Court Martial.

4. You may indicate your choice by completing Part 2 of this form and returning it to me by mail, courier, facsimile or email at (address, facsimile number and email address).

Dated this (day, month, year) at (place).

Signature of the Court Martial Administrator

(Name of the Court Martial Administrator)

Attachments:
Sections 165.191, 165.192 and 165.193 of the National Defence Act
Charge Sheet

PART 2

CHOICE OF ACCUSED PERSON

I have received the notice advising me of my right to choose to be tried by General Court Martial or Standing Court Martial.

I choose to be tried by: (choose one only)

• General Court Martial
• Standing Court Martial

Dated this (day, month, year)

Signature of accused person

Service number and rank (if applicable) and full name of accused person

(2) The commanding officer of an accused person shall, if requested by the Court Martial Administrator and as soon as feasible after being provided with a document relating to the choice of type of court martial, cause the document to be delivered to the accused person.

(3) A person who delivers a document under paragraph (2) shall complete a confirmation of delivery in the following form:

CONFIRMATION OF DELIVERY

At (time) hours on (day, month, year), I personally delivered to (service number and rank (if applicable) and full name of the accused person) a document issued by the Court Martial Administrator relating to the choice of type of court martial by an accused person.

Dated this (day, month, year) at (place).

Signature of the person who made the delivery

(Service number and rank (if applicable) and full name of the person who made the delivery)

(4) The commanding officer of an accused person shall ensure that the following documents are forwarded to the Court Martial Administrator as soon as feasible:

(a) a confirmation of delivery that has been completed under paragraph (3); and

(b) at the request of the accused person, a document indicating their choice as to the type of court martial.

(G) [P.C. 2008-1319 effective 18 July 2008; P.C. 2018-0433 effective 1 September 2018]

111.024 – CHANGE OF CHOICE BY ACCUSED PERSON

Subsections 165.193(4) and (5) of the National Defence Act provide

(C) [18 July 2008]

111.025 – CHOICE WHERE CHARGES PREFERRED JOINTLY

Subsection 165.193(6) of the National Defence Act provides

(C) [18 July 2008]

111.03 – PROCEDURE FOR APPOINTMENT OF MEMBERS OF A COURT MARTIAL PANEL

(1) The Court Martial Administrator shall select, using random methodology, sufficient eligible officers and, where applicable, non-commissioned members capable of performing the duties of members and alternate members of the panel of a General Court Martial in the language of trial chosen by the accused.

(2) The Court Martial Administrator shall appoint the officers and non-commissioned members selected pursuant to paragraph (1).

(3) The Court Martial Administrator shall not appoint an officer or non-commissioned member selected pursuant to paragraph (1) where the officer or non-commissioned member:

(a) is a person referred to in section 168 of the National Defence Act;

(b) is currently serving, was serving at the time of the alleged commission of the offence or will be serving during the period the court martial is expected to take place, in the unit of the accused;

(c) is the immediate subordinate of another officer or non-commissioned member who has been selected as a member of the court martial panel;

(d) will be on the Medical Patient Holding List or retirement leave during the period the court martial is expected to take place; or

(e) has been convicted of a service offence or of an indictable offence under the Criminal Code or any other Act of Parliament, unless a clemency measure is in effect in respect of that offence.

(4) The Court Martial Administrator may excuse from performing court martial duties an officer or non-commissioned member selected pursuant to paragraph (1) where the Court Martial Administrator is satisfied that:

(a) the officer or non-commissioned member will be required, during the period the court martial is expected to take place, for duties sufficiently urgent and important to warrant the officer or non-commissioned member not being appointed;

(b) the officer or non-commissioned member is scheduled during the period the court martial is expected to take place, to attend a course for which the officer or non-commissioned member is placed on the Advanced Training List or a similar course that is important for the officer or non-commissioned member's professional development or career progression;

(c) the officer or non-commissioned member has served as a member of a court martial panel within the preceding 24 months;

(d) the officer or non-commissioned member is unfit to perform court martial duties as a result of illness or injury;

(e) the officer or non-commissioned member has compassionate reasons for not being appointed to perform court martial duties, such as serious illness, injury or death in the officer's or non-commissioned member's family; or

(f) appointment of the officer or non-commissioned member to perform court martial duties may cause serious hardship or loss to the officer or non-commissioned member or others.

(5) Where an officer or non-commissioned member selected pursuant to paragraph (1) is not appointed to perform court martial duties for a reason set out in paragraph (3) or (4), the Court Martial Administrator shall record the reason and select a replacement in accordance with this article.

(6) The Court Martial Administrator shall, at the request of the presiding military judge, appoint a replacement for any member of a court martial panel if no alternate remains to replace the member.

(7) The Court Martial Administrator shall maintain for each General Court Martial a record indicating

(a) the name of each officer and non-commissioned member selected pursuant to paragraph (1); and

(b) the name of any officer or non-commissioned member who is not appointed pursuant to paragraph (3) or who is excused pursuant to paragraph (4) and the reasons therefor.

(8) The record referred to in paragraph (7) shall be open to examination on request by the accused or the prosecutor of a court martial.

(9) The Chief Military Judge may issue such instructions and directions to the Court Martial Administrator as the Chief Military Judge considers necessary for the proper administration of the selection and appointment of the members of courts martial panels.

(G) [P.C. 2008-1319 effective 18 July 2008 – (3)(a), (6), (7) and (9); P.C. 2012-1109 effective 19 October 2012 – (3)(e); P.C. 2018-0433 effective 1 September 2018 – heading, (1), (3)(c), (4)(c), (6) and (9)]

NOTE

The composition of a General Court Martial panel is set out in section 167 of the National Defence Act.

(C) [1 September 2018]

111.04 – APPOINTMENT OF ALTERNATE MEMBERS

(1) At least two officers should be appointed as alternates for each General Court Martial of an officer.

(2) At least one officer and one non-commissioned member should be appointed as alternates for each General Court Martial of a non-commissioned member.

(G) [P.C. 2008-1319 effective 18 July 2008]

Top of Page

Section 3 – Convening Order, Charge Sheet and Summons to Accused Person

111.05 – DUTIES OF COURT MARTIAL ADMINISTRATOR

(1) When the Court Martial Administrator convenes a court martial, he or she shall provide:

(a) the original convening order and charge sheet, and a copy of the summons to the accused person, to the military judge assigned to preside at the court martial;

(b) subject to paragraph (2), a copy of the convening order and the charge sheet, and the original summons to the accused person, to the accused person;

(c) a copy of the convening order, the charge sheet and the summons to the accused person to the Director of Military Prosecutions, the legal counsel for the accused person and the commanding officer of the accused person; and

(d) in the case of a General Court Martial, a copy of the convening order to the members of the court martial panel.

(2) If the accused person is present at a unit, the Court Martial Administrator may provide the documents referred to in subparagraph (1)(b) to the commanding officer of the unit for delivery to the accused person (see article 111.07 – Delivery of Documents to Accused Person).

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2018-0433 effective 1 September 2018]

111.06 – FORM OF SUMMONS TO ACCUSED PERSON

The Court Martial Administrator may use the following form to summon an accused person under subsection 165.19(1.1) of the National Defence Act:

SUMMONS TO THE ACCUSED PERSON

(Subsection 165.19(1.1) of the National Defence Act)

To (service number and rank (if applicable) and full name of the accused person):

Whereas a (General or Standing) Court Martial has been convened to deal with the charge(s) that have been preferred against you;

You are summoned to appear at the court martial at (place) on the (day, month, year), at (time), and to remain in attendance as required by the court martial, in order to be dealt with according to law.

Dated this (day, month, year) at (place).

Signature of the Court Martial Administrator

(Name of the Court Martial Administrator)

NOTICE TO THE ACCUSED PERSON

Failure to appear as summoned or to remain in attendance, without lawful excuse, is an offence under section 118.1 of the National Defence Act. The court martial may, under section 249.23 of that Act, issue a warrant for your arrest if you fail to appear as summoned or fail to attend before the court martial as required.

(G) [P.C. 2008-1015 effective 5 June 2008; P.C. 2018-0433 effective 1 September 2018]

111.07 – DELIVERY OF DOCUMENTS TO ACCUSED PERSON

(1) A commanding officer who is provided with documents under paragraph 111.05(2) shall ensure that they are delivered to the accused person as soon as feasible.

(2) The person who delivers the documents to the accused person shall complete a confirmation of delivery in the following form:

CONFIRMATION OF DELIVERY

(Article 111.07 of the Queen’s Regulations and Orders for the Canadian Forces)

At (time) hours on (day, month, year), I personally delivered to (service number and rank (if applicable) and full name of the accused person) a summons to appear dated (day, month, year) and a copy of the convening order and charge sheet pertaining to their trial by court martial.

Dated this (day, month, year) at (place).

Signature of the person who made the delivery

(Service number and rank (if applicable) and full name of the person who made the delivery)

(3) The commanding officer referred to in paragraph (1) shall ensure that the completed confirmation of delivery is forwarded to the Court Martial Administrator as soon as feasible.

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2018-0433 effective 1 September 2018]

Section 4 – Procurement of Witnesses

111.08 – DUTY TO PROCURE WITNESSES

Section 183 of the National Defence Act provides:

(G) [P.C. 1999-1305 effective 1 September 1999]

111.09 – SUMMONS TO A WITNESS

Section 249.22 of the National Defence Act provides:

(G) [111.09: repealed by P.C. 2018-0433 effective 1 September 2018]

(C) [1 September 2018]

NOTES

(A) Instead of being summoned under section 249.22 of the National Defence Act, an officer or non-commissioned member may be ordered to attend as a witness before a court martial or a commissioner taking evidence under the National Defence Act.

(B) When a commissioner has been appointed to take evidence (see article 112.70 – Evidence on Commission), the commissioner has, from the date of the appointment, power to summon witnesses under section 249.22 of the National Defence Act.

(C) [1 September 1999; 18 July 2008; 1 September 2018]

111.091 – FORM OF SUMMONS TO A WITNESS

A summons to a witness under section 249.22 of the National Defence Act may be in the following form:

SUMMONS TO A WITNESS

(Section 249.22 of the National Defence Act)

To (name of witness):

Whereas a (General or Standing) Court Martial has been convened for the trial of (service number and rank (if applicable) and full name of accused person) on the charge(s) set out in the attached charge sheet;

You are summoned to attend as a witness before (the court martial or a commissioner) at (place) on (day, month, year) at (time) hours, and to remain in attendance until excused by the (court martial or commissioner), to give evidence concerning the matters in issue.

(Delete the following paragraph if it does not apply)

You are also required to bring any documents in your possession or under your control that relate to the matters in issue, including: (specify documents).

Dated this (day, month, year) at (place).

Signature of the Authority Issuing the Summons

(Name and Title of the Authority Issuing the Summons)

NOTICE TO WITNESS

Failure to comply with this summons is an offence under section 302 of the National Defence Act and is also, in the case of a person who is subject to the Code of Service Discipline, an offence under section 118 of that Act.

(G) [P.C. 2018-0433 effective 1 September 2018]

111.10 – WITNESS FEES AND ALLOWANCES

Section 251.2 of the National Defence Act provides:

(C) [18 October 2013]

NOTES

(A) The fees and allowances payable to witnesses who are summoned to attend before the Federal Court are set out in Tariff A of the Federal Court Rules. The tariff may be obtained by contacting the nearest representative of the Office of the Judge Advocate General.

(B) Section 251.2 of the National Defence Act does not apply to officers and non-commissioned members or officers and employees of the Department. When they appear as witnesses before a court martial, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act or an inquiry committee established under the regulations, they are entitled to transportation and travelling expenses as set out in applicable regulations, orders and directives.

(C) [18 October 2013]

111.11 – ACCUSED TO BE INFORMED OF PROSECUTION WITNESSES

Before a trial by court martial commences, the prosecutor shall give reasonable notice to the accused person of the name of any witness that the prosecutor proposes to call at trial.

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2018-0433 effective 1 September 2018]

Top of Page

Section 5 – Pre-Trial Administrative Support

111.12 – COURT MARTIAL SUPPORT

The commanding officer of the unit where the court martial is to be held is responsible for the provision of adequate accommodation, administration and personnel to the extent required to ensure that the court martial is conducted in a dignified and military manner.

(G) [P.C. 1999-1305 effective 1 September 1999]

111.13 – ADMINISTRATIVE INSTRUCTIONS

(1) The Court Martial Administrator shall determine, in consultation with unit authorities, the administrative requirements for each court martial convened and shall issue administrative instructions required for the proper administration of the court martial.

(2) The administrative instructions shall:

(a) state the type of court martial convened, the date and time proceedings commence, the place where it will be held and the language of proceedings chosen by the accused;

(b) identify by name, service number and rank if applicable, the accused person, the military judge assigned to preside at the court martial, the prosecutor, the accused person's legal counsel, the court reporter and, in the case of a General Court Martial, the members and alternate members of the court martial panel; (18 July 2008)

(c) specify the charges preferred by the Director of Military Prosecutions;

(d) specify the dress for military members and members of the public;

(e) state the requirement for publication of notice of the court martial;

(f) state the requirement for the appointment of an officer of the court and escort; and

(g) specify the financial authorities and limitations that apply in respect of the conduct of the court martial.

(G) [P.C. 2008-1319 effective 18 July 2008]

111.14 – OFFICER OF THE COURT

(1) The commanding officer of the unit in which the accused is present shall ensure that an officer of the court is appointed.

(2) The officer of the court should not be below the rank of captain, and shall not be the same person who is appointed as the accused's assisting officer.

(3) The officer of the court shall ensure, through the commanding officer of the unit where the court martial is to be held, that all administrative and domestic arrangements for the efficient functioning of the proceedings are effected.

(G) [P.C. 1999-1305 effective 1 September 1999]

NOTE

The guide titled "Court Martial Procedures: Guide for Participants and Members of the Public" issued by the Chief Military Judge describes the role and duties of the officer appointed to act as officer of the court. The guide is available on the Defence intranet or at any office of the Judge Advocate General or that of the Court Martial Administrator.

(C) [1 September 1999]

111.15 – ESCORT

The commanding officer of the unit in which the accused is present shall ensure that an escort is appointed and that the escort is:

(a) where the accused is an officer, an officer; and

(b) where the accused is a non-commissioned member, a non-commissioned member.

(G) [P.C. 1999-1305 effective 1 September 1999]

NOTE

The escort is responsible for the movements of the accused and ensuring that the accused is available when the court opens. The accused is not in custody either before or during the trial unless the accused has been placed in custody in accordance with QR&O Chapter 105 (Arrest and Pre-Trial Custody).

(C) [1 September 1999]

111.16 – LIVING ACCOMMODATION – COURT MARTIAL DUTY

(1) The military judge, members of the court martial panel and alternate members, prosecutor, legal counsel for the accused, court reporter and interpreter shall not stay in quarters, notwithstanding that quarters may be available, unless it is impracticable having regard to the location of the court martial and the constraints of military operations.

(2) Paragraph (1) does not apply to an officer or non-commissioned member who normally resides in quarters at the location where the trial is held.

(3) Once a court has been constituted, paragraph (1) does not apply to an alternate member who does not sit as a member of the court martial panel or to a member who retires from the court pursuant to article 112.14 (Objections to the Constitution of the Court Martial).

(G) [P.C. 1999-1305 effective 1 September 1999]

111.17 – DOCUMENTS PROVIDED TO THE PROSECUTOR

(1) The commanding officer of the accused shall provide the prosecutor with the following documents:

(a) a certified copy of the conduct sheet, if any, of the accused;

(b) a statement as to particulars of service of accused;

(c) a certified copy of the accused's certificate of service; and

(d) a certified copy of the accused's pay guide.

(2) The statement as to particulars of service of accused should be in the following form:

STATEMENT AS TO PARTICULARS OF SERVICE OF ACCUSED

(service number) (rank) (name) (unit)

1. The present age of the accused is:

2. The date of commissioning or enrolment of the accused is:

3. The accused has served in the following ranks continuously, without reduction, to the present date:
a. / b. / c. / d.

4. The accused is in possession of or entitled to the following military decorations and medals:

5. The following are further particulars of the record of distinguished service of the accused:

6. The accused has been in confinement awaiting trial on the present charges for___days in civil custody and___days in military custody, making a total of___days in custody, of which___days were spent in hospital.

7. The entries in the conduct sheet of the accused are as reflected in the copy of the conduct sheet attached hereto.
OR
There is no conduct sheet for the accused.

8. There are____convictions by a civil court that do not appear on the conduct sheet of the accused.

9. The accused is not under sentence at the present time.
OR
The accused, at the present time, is under sentence of____beginning on the____day of (month), (year).

Note – If any matter in any of the above paragraphs cannot be stated from military documents, the paragraph must be struck through.

SIGNED this______day of (month), (year)

(name, rank and appointment)

(To be signed by or on behalf of the commanding officer of the accused, or by or on behalf of the Chief of the Defence Staff.)

(G) [P.C. 1999-1305 effective 1 September 1999]

[111.18 to 111.99: not allocated]