Military Justice at the Unit Level Policy 2.0
This Policy applies to officers and non-commissioned members of the Canadian Armed Forces (CAF).
The Military Justice at the Unit Level Policy 2.0 was issued 12 April 2024 under the authority of:
- the Chief of the Defence Staff, pursuant to subsection 18(2) of the National Defence Act; and
- the Judge Advocate General, pursuant to subsection 9.2(1) of the National Defence Act.
Date modified: 12 April 2024
Approval Authority: Chief of Defence Staff (CDS), Judge Advocate General (JAG)
Enquiries: Office of the Judge Advocate General
Office of Primary Interest: Judge Advocate General Military Justice Policy (MJ Pol)
Record of amendments
The authorities for changes to this policy are the CDS and JAG.
| Amendment number | Revision description | Date |
|---|---|---|
| 1 | Military Justice at the Unit Level Policy 1.0 | 20 JUL 22 |
| 2 | Entire policy revision | 12 APR 24 |
Alternate Format
Message from the Judge Advocate General
The military justice system (MJS) is fundamental to the maintenance of discipline, efficiency and morale of the Canadian Armed Forces (CAF). The creation of the summary hearing system was a significant change to the MJS. The Military Justice at the Unit Level Policy plays a vital role in assisting those members who perform duties or carry-out responsibilities within the MJS, whether prescribed or by virtue of being a part of the chain of command, in addressing misconduct at the unit level.
Importantly, this policy provides direction and guidance for military justice authorities concerning their interactions with both victims of service offences (Annex B) as well as persons affected by service infractions (Annex C). Rights and entitlements must be respected and people must be supported.
Discipline must be administered fairly and swiftly. This policy ensures persons alleged of misconduct, those charged, and those found to have committed a service infraction are afforded procedural protections. Equally important is ensuring that charges are dealt with as expeditiously as possible.
Included in this policy is guidance on: the pre-charge phase, including investigations; charge laying; the summary hearing process; the review process; and post-hearing administration. This policy is not a standalone document. It supplements the existing provisions in the National Defence Act (NDA) and the Queens Regulations and Orders for the Canadian Forces (QR&O). Taken together, they provide support and assistance for misconduct to be addressed fairly and swiftly, with due consideration paid to the rights of victims and the entitlements of affected persons.
If you have any comments about either official language version of this policy, please email: mjpolengagement-engagementjmpol@forces.gc.ca
Fiat Justitia
Table of Contents
- Context
- 2.1 Provision of information to person charged with having committed a service infraction
- 2.2 Assisting Member
- 2.3 Legal counsel
- 2.4 Preliminary determinations (QR&O article 121.07)
- 2.5 Decision to conduct a summary hearing/not proceed/refer
- 2.6 Jurisdiction/ability to conduct a summary hearing
- 2.7 Adjournments
- 2.8 Attendance of witnesses
- 2.9 Attendance of the person charged
- 2.10 Bias
Table of Contents
- Context
- A.1 General
- QR&O 120.02 – Infractions in relation to property and information
- A person commits a service infraction who
- A.2 QR&O 120.02(a) takes or uses, for other than authorized purposes, non-public property, public property, materiel or government-issued property or damages that property or materiel
- A.3 QR&O 120.02(b) without permission or legal justification, takes property that belongs to another person
- A.4 QR&O 120.02(c) accesses, possesses, uses or communicates information for a purpose unrelated to the performance of their duties
- A.5 QR&O 120.02(d) fails to disclose actual, apparent or potential conflicts between their duties and private interests
- A person commits a service infraction who
- QR&O 120.03 – Infractions in relation to military service
- A person commits a service infraction who
- A.6 QR&O 120.03(a) handles a weapon, explosive substance or ammunition in a dangerous manner
- A.7 QR&O 120.03(b) discharges a firearm without authorization
- A.8 QR&O 120.03(c) behaves in a manner that could reasonably undermine the authority of a superior officer
- A.9 QR&O 120.03(d) fails or while on duty is unfit to effectively perform their duties or carry out responsibilities
- A.10 QR&O 120.03(e) in relation to military service, furnishes false or misleading information or engages in deceitful conduct
- A.11 QR&O 120.03(f) without reasonable excuse, fails to attend or is tardy to their place of duty
- A.12 QR&O 120.03(g) dresses in a manner or adopts an appearance or demeanour that is inconsistent with Canadian Forces requirements
- A.13 QR&O 120.03(h) fails to maintain personal equipment or assigned quarters in accordance with Canadian Forces requirements
- A.14 QR&O 120.03(i) otherwise behaves in a manner that adversely affects the discipline, efficiency or morale of the Canadian Forces
- A person commits a service infraction who
- QR&O 120.04 – Infractions in relation to drugs and alcohol
Appendix
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