CKA Forums :: Court drops bomb by ruling against constitutionality of mili

Section 2 – Service Offences
103.05 Introduction
103.06 Offences by Commanders When in Action
103.07 Offences by Any Person in Presence of Enemy
103.08 Offences Related to Security
103.09 Offences Related to Prisoners of War
103.10 Offences Related to Operations
103.11 Offence of Being a Spy
103.12 Mutiny with Violence
103.13 Mutiny without Violence
103.14 Offences Related to Mutiny
103.15 Advocating Governmental Change by Force
103.16 Disobedience of Lawful Command
103.17 Striking or Offering Violence to a Superior Officer
103.18 Insubordinate Behaviour
103.19 Quarrels and Disturbances
103.20 Resisting or Escaping from Arrest or Custody
103.21 Desertion
103.22 Connivance at Desertion
103.23 Absence without Leave
103.24 False Statement in Respect of Leave
103.25 Scandalous Conduct by Officers
103.26 Cruel or Disgraceful Conduct
103.27 Traitorous or Disloyal Utterances
103.28 Abuse of Subordinates
103.29 False Accusations or Statements
103.30 Drunkenness
103.31 Malingering or Maiming
103.32 Detaining Unnecessarily or Failing to Bring up for Investigation
103.33 Setting Free without Authority or Allowing or Assisting Escape
103.34 Escape from Custody
103.345 Failing to Comply with Conditions
103.35 Hindering Arrest or Confinement or Withholding Assistance When Called on
103.36 Withholding Delivery Over or Assistance to Civil Power
103.37 Losing, Stranding or Hazarding Vessels
103.38 Repealed 1 September 1999
103.385 Disobedience of Captain's Orders – Ships
103.39 Wrongful Acts in Relation to Aircraft or Aircraft Material
103.40 Signing Inaccurate Certificate
103.41 Low Flying
103.42 Disobedience of Captain's Orders – Aircraft
103.43 Improper Driving of Vehicles
103.44 Unauthorized Use of Vehicles
103.45 Causing Fires
103.46 Stealing
103.47 Receiving
103.48 Destruction, Loss or Improper Disposal
103.49 Miscellaneous Offences
103.50 Offences In Relation to Tribunals
103.505 Failure to Appear or Attend
103.51 False Evidence
103.511 Offence in Relation to the Sex Offender Information Registration Act
103.512 Offence in Relation to DNA Identification
103.52 Offences in Relation to Billeting
103.53 Fraudulent Enrolment
103.54 False Answer or False Information on Enrolment
103.55 Assisting Unlawful Enrolment
103.56 Negligent Performance of Duties
103.57 Offences in Relation to Documents
103.58 Refusing Immunization, Tests, Blood Examination or Treatment
103.59 Negligent Handling of Dangerous Substances
103.595 Conspiracy
103.60 Conduct to the Prejudice of Good Order and Discipline
103.61 Offences Against Other Canadian Law
103.615 Offences Under Law Applicable Outside Canada
103.62 Conviction of Related or Less Serious Offences
103.63 Conviction of Attempt to Commit Offence
103.64 Special Findings
103.65 to 103.99 Not Allocated

Author:	Newsbot [ Mon Oct 01, 2018 11:43 am ]
Post subject:	Court drops bomb by ruling against constitutionality of mili
Title: Court drops bomb by ruling against constitutionality of military justice system Category: Military Posted By: DrCaleb Date: 2018-10-01 11:08:32 Canadian

Author:	llama66 [ Mon Oct 01, 2018 11:43 am ]
Post subject:
Jesus Christ.

Author:	BartSimpson [ Mon Oct 01, 2018 11:47 am ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
Hmmm.

Author:	DrCaleb [ Mon Oct 01, 2018 11:48 am ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
It makes sense though. Some charges in the law are not in the Military codes, so they should not be tried in Military courts.

Author:	BartSimpson [ Mon Oct 01, 2018 11:49 am ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
DrCaleb DrCaleb: It makes sense though. Some charges in the law are not in the Military codes, so they should not be tried in Military courts. Agreed.

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Author:	llama66 [ Mon Oct 01, 2018 12:17 pm ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
So is murder different if your a servicemen?

Author:	DrCaleb [ Mon Oct 01, 2018 12:21 pm ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
llama66 llama66: So is murder different if your a servicemen? Yes. If it weren't, you could be charged with it in every war. Same as 'treason'. It means different things to Military and Civilian courts.

Author:	llama66 [ Mon Oct 01, 2018 12:27 pm ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
DrCaleb DrCaleb: llama66 llama66: So is murder different if your a servicemen? Yes. If it weren't, you could be charged with it in every war. Same as 'treason'. It means different things to Military and Civilian courts. I guess. I just felt that there was a different definition of murder in wartime.

Author:	Freakinoldguy [ Mon Oct 01, 2018 12:49 pm ]
Post subject:	Re: Court drops bomb by ruling against constitutionality of mili
DrCaleb DrCaleb: It makes sense though. Some charges in the law are not in the Military codes, so they should not be tried in Military courts. If you look at QR&O Volume 2 you find a list of offences under the National Defence Act, and if you weren't looking for it you'd miss article 103.61 "Offences Against Other Canadian Law" which is what the JAG has used to try people for the serious crimes like murder and rape. $1: Section 2 – Service Offences 103.05 Introduction 103.06 Offences by Commanders When in Action 103.07 Offences by Any Person in Presence of Enemy 103.08 Offences Related to Security 103.09 Offences Related to Prisoners of War 103.10 Offences Related to Operations 103.11 Offence of Being a Spy 103.12 Mutiny with Violence 103.13 Mutiny without Violence 103.14 Offences Related to Mutiny 103.15 Advocating Governmental Change by Force 103.16 Disobedience of Lawful Command 103.17 Striking or Offering Violence to a Superior Officer 103.18 Insubordinate Behaviour 103.19 Quarrels and Disturbances 103.20 Resisting or Escaping from Arrest or Custody 103.21 Desertion 103.22 Connivance at Desertion 103.23 Absence without Leave 103.24 False Statement in Respect of Leave 103.25 Scandalous Conduct by Officers 103.26 Cruel or Disgraceful Conduct 103.27 Traitorous or Disloyal Utterances 103.28 Abuse of Subordinates 103.29 False Accusations or Statements 103.30 Drunkenness 103.31 Malingering or Maiming 103.32 Detaining Unnecessarily or Failing to Bring up for Investigation 103.33 Setting Free without Authority or Allowing or Assisting Escape 103.34 Escape from Custody 103.345 Failing to Comply with Conditions 103.35 Hindering Arrest or Confinement or Withholding Assistance When Called on 103.36 Withholding Delivery Over or Assistance to Civil Power 103.37 Losing, Stranding or Hazarding Vessels 103.38 Repealed 1 September 1999 103.385 Disobedience of Captain's Orders – Ships 103.39 Wrongful Acts in Relation to Aircraft or Aircraft Material 103.40 Signing Inaccurate Certificate 103.41 Low Flying 103.42 Disobedience of Captain's Orders – Aircraft 103.43 Improper Driving of Vehicles 103.44 Unauthorized Use of Vehicles 103.45 Causing Fires 103.46 Stealing 103.47 Receiving 103.48 Destruction, Loss or Improper Disposal 103.49 Miscellaneous Offences 103.50 Offences In Relation to Tribunals 103.505 Failure to Appear or Attend 103.51 False Evidence 103.511 Offence in Relation to the Sex Offender Information Registration Act 103.512 Offence in Relation to DNA Identification 103.52 Offences in Relation to Billeting 103.53 Fraudulent Enrolment 103.54 False Answer or False Information on Enrolment 103.55 Assisting Unlawful Enrolment 103.56 Negligent Performance of Duties 103.57 Offences in Relation to Documents 103.58 Refusing Immunization, Tests, Blood Examination or Treatment 103.59 Negligent Handling of Dangerous Substances 103.595 Conspiracy 103.60 Conduct to the Prejudice of Good Order and Discipline 103.61 Offences Against Other Canadian Law 103.615 Offences Under Law Applicable Outside Canada 103.62 Conviction of Related or Less Serious Offences 103.63 Conviction of Attempt to Commit Offence 103.64 Special Findings 103.65 to 103.99 Not Allocated http://www.forces.gc.ca/en/about-polici ... c-103.page But I do have a question. Without 103.60 in QR&O Volume II how do the barrack stanchions who made the decision that all military members should have the right to a civilian jury trial try someone who commits a serious offence in another country? My guess is that the country in which the crime was committed won't release any of our people they have in their jails if they know that they'll be getting a civilian trial in Canada if, they even get a trial at all. For over a century our military through good faith made a promise that any offenses committed by our personnel in another country would be dealt with fairly through our military justice system. Now it's going to be impossible to make and keep that promise. So, if you're serving you'd better hope like hell that you don't get arrested in a foreign country, especially one who doesn't think that Canada's Charter of Rights and Freedoms trumps their judicial system.

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