Military Judges

March 27, 2024 – Ottawa – National Defence / Canadian Armed Forces

Who are military judges?

Military judges are Canadian Armed Forces officers who have been members of a provincial bar for a minimum of 10 years, and who have also been military officers for at least 10 years.

Where are military judges employed?

Military judges serve within the Office of the Chief Military Judge—an independent Canadian Armed Forces organization established in 1997. The office is lead by the Chief Military Judge and is in the National Capital Region. The Office of the Chief Military Judge comprises four military judges, the Court Martial Administrator, military and civilian court-clerk reporters, and a small administrative support staff.

Military judges may conduct their judicial functions and duties anywhere in the world where the Canadian Armed Forces is operating.

What do they do?

Military judges preside at courts martial and other military proceedings such as the judicial review of accused persons held in pre-trial custody. Military judges preside over both Standing and General Courts Martial. The tribunals have jurisdiction over persons charged with committing offences under the National Defence Act’s Code of Service Discipline. A court martial is a formal proceeding comparable to a trial in a civilian provincial or superior court. A Standing Court Martial is comprised of a military judge sitting alone. A General Court Martial is comprised of a military judge and panel of military officers and senior non-commissioned members; the panel performs a similar function as a civilian court jury.

The Chief Military Judge also presides over courts martial but has additional responsibilities for the administration of their office.

Each military judge, if they wish on an individual basis, can become an active member of certain judicial associations, such as the Canadian Superior Courts Judges Association (CSCJA) for which the status of affiliated member has been granted to them, and the Canadian Bar Association (CBA) Canadian Judges Section.

Currently, all military judges are affiliated members of the CSCJA, and military judge Commander Martin Pelletier serves as the chair of the CBA Canadian Judges Section.

How are military judges appointed?

The National Defence Act requires that military judges be military officers for at least 10 years and a member of a provincial bar for a minimum of 10 years. The selection process for military judges includes an assessment by an independent committee administered by the Commissioner for Federal Judicial Affairs and is a similar appointment system to that followed for civilian superior court judges. Once appointed, military judges may remain in office up to age 60. Military judges may only be removed by the Governor in Council upon the recommendation of an independent Military Judges Inquiry Committee. This committee is composed of three judges of the Court Martial Appeal Court appointed by the Chief Justice of that Court.

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