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The QR&O are issued under the authority of Section 12 of the National Defence Act (NDA), the governing statute of the Canadian Forces. Section 12 provides the Governor in Council (i.e., the Governor General acting on the advice of Cabinet) and the Minister of National Defence with the power to make regulations for the "organization, training, discipline, efficiency, administration, and ...
The Military Law Centre on the grounds of Royal Military College of Canada, staffed with military lawyers, oversees the education of officers and troops in legal matters, trains military lawyers and advises Ottawa on matters of policy and doctrine. Legal education is integrated into the regular training that CF members undergo.
In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge. They have the jurisdiction to try military personnel , and those civilian personnel that accompany military personnel abroad, for crimes that contravene the Code of Service Discipline and the National Defence Act ; which ...
The Act enables the Queen's Regulations and Orders for the Canadian Forces to govern the military of Canada. The Act establishes Non-Public Property (NPP) as a special class of Crown property to be used for the benefit of serving and former members of the Canadian Forces and their families. Most western nations have created similar regimes to ...
Most commonly, courts martial are convened to try members of the Canadian military for criminal violations of the Code of Service Discipline, which is the Canadian military's criminal code. [ 2 ] [ 1 ] The constitutionality of military courts martial was upheld by the Supreme Court of Canada in R v Généreux , but changes were mandated to ...
The Act does not apply to the Canadian Armed Forces. [ 3 ] More specifically, under the Act, the Government of Canada (the federal government) regulates licenses and authorizations for firearms, including prohibited or restricted firearms; the possession of prohibited or restricted weapons and any prohibited devices or ammunition; and licenses ...
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
The Legal Branch (French: Branche des services juridiques) is a personnel branch of the Canadian Armed Forces (CAF). It primarily deals with the Canadian Forces' legal affairs. Legal officers are primarily accepted through the Direct-Entry Training Program, and must have a degree in law as well as be a member of a Canadian provincial or ...