Eye In The Sky
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Trinity said:
Reg Force, and Cl B/C Service Mbrs are subject to the CSD 24/7. Cl A PRes mbrss are subject to the CSD as per below. QR & O Vol II, Art 102.01 refers:
102.01 – PERSONS SUBJECT TO THE CODE OF SERVICE DISCIPLINE
Section 60 of the National Defence Act provides:
"60. (1) The following persons are subject to the Code of Service Discipline:
(a) an officer or non-commissioned member of the regular force;
(b) an officer or non-commissioned member of the special force;
(c) an officer or non-commissioned member of the reserve force when the officer or non-commissioned member is
(i) undergoing drill or training, whether in uniform or not,
(ii) in uniform,
(iii) on duty,
(iv) [Repealed, S.C. 1998, c. 35, s. 19],
(v) called out under Part VI in aid of the civil power,
(vi) called out on service,
(vii) placed on active service,
(viii) in or on any vessel, vehicle or aircraft of the Canadian Forces or in or on any defence establishment or work for defence,
(ix) serving with any unit or other element of the regular force or the special force, or
(x) present, whether in uniform or not, at any drill or training of a unit or other element of the Canadian Forces;
(d) subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person who, pursuant to law or pursuant to an agreement between Canada and the state in whose armed forces the person is serving, is attached or seconded as an officer or non-commissioned member to the Canadian Forces;
(e) a person, not otherwise subject to the Code of Service Discipline, who is serving in the position of an officer or non-commissioned member of any force raised and maintained outside Canada by Her Majesty in right of Canada and commanded by an officer of the Canadian Forces;
(f) a person, not otherwise subject to the Code of Service Discipline, who accompanies any unit or other element of the Canadian Forces that is on service or active service in any place;
(g) subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person attending an institution established under section 47;
(h) an alleged spy for the enemy;
(i) a person, not otherwise subject to the Code of Service Discipline, who, in respect of any service offence committed or alleged to have been committed by the person, is in civil custody or in service custody; and
(j) a person, not otherwise subject to the Code of Service Discipline, while serving with the Canadian Forces under an engagement with the Minister whereby the person agreed to be subject to that Code.
(2) Every person subject to the Code of Service Discipline under subsection (1) at the time of the alleged commission by the person of a service offence continues to be liable to be charged, dealt with and tried in respect of that offence under the Code of Service Discipline notwithstanding that the person may have, since the commission of that offence, ceased to be a person described in subsection (1).
(3) Every person who, since allegedly committing a service offence, has ceased to be a person described in subsection (1), shall for the purposes of the Code of Service Discipline be deemed, for the period during which under that Code he is liable to be charged, dealt with and tried, to have the same status and rank that he held immediately before so ceasing to be a person described in subsection (1)."
(C) (1 September 1999)
NOTE
Judicial interpretation of subsection 60(2) of the National Defence Act, taken with subsection 69(1), restricts the exercise of jurisdiction of service tribunals over a person who was subject to the Code of Service Discipline at the time of the alleged commission of a service offence to cases where it can be demonstrated that:
(i) trial by a service tribunal is dictated by disciplinary considerations essential to the maintenance of the morale and readiness of those remaining in the Service; and
(ii) not to exercise jurisdiction will adversely affect the general standard of discipline and efficiency of the service.
As the exercise of jurisdiction of a service tribunal under subsection 60(2) of the National Defence Act involves matters of legal and factual complexity and sensitivity, no case involving such exercise should be commenced without prior appropriate consultation with a representative of the Judge Advocate General.
(C)
