Canadian Military Justice. A disciplinary Offence May Lead to a Criminal Records

March 8, 2014.  Mr. Justice (retired) Gilles Létourneau writes in the Ottawa Citizen that in Canada prosecutions before professional disciplinary boards does not lead to a criminal record. However, pursuant to a newly enacted provision in the National Defence Act which has yet to come into force (section 249.2y)  the situation would be different for CF members. Indeed some purely disciplinary offence prosecuted before service tribunals (either summary trials or court martials), although not criminal in nature, and on conviction may saddle the CF accused with a criminal record.  This is unprecedented in Canadian law that convictions for purely disciplinary offences give rise to a criminal record.

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