Court Martial Appeal Court of Canada
Encyclopedia
The Court Martial Appeal Court of Canada (CMAC) hears appeals from military courts ("courts martial").
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 incorporates many of the offences under the Criminal Code of Canada
and related statutes.
The CMAC was established in 1959 by Parliament
under the National Defence Act
, to replace the Court Martial Appeal Board. Due to the court's small caseload, justices of the CMAC are cross-appointed from justices of provincial superior courts
and the Federal Court
. Appeals from the CMAC lie with the Supreme Court of Canada
. Appeals require leave from the Supreme Court, unless there is a dissenting justice of the CMAC, in which case there is an appeal as of right to the Supreme Court.
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
Military personnel
Military personnel is a blanket term used to refer to members of any armed force. Usually, military personnel are divided into branches of service roughly defined by certain circumstances of the deployment of the personnel. Those who serve in a typical large land force are soldiers, making up an...
, and those civilian personnel that accompany military personnel abroad, for crimes that contravene the Code of Service Discipline
Code of Service Discipline
The Code of Service Discipline is the basis of the Canadian Forcesmilitary justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within theCF. It is found in Part III of the National Defence Act...
and the National Defence Act
National Defence Act
The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....
; which incorporates many of the offences under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
and related statutes.
The CMAC was established in 1959 by Parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
under the National Defence Act
National Defence Act
The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....
, to replace the Court Martial Appeal Board. Due to the court's small caseload, justices of the CMAC are cross-appointed from justices of provincial superior courts
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
and the Federal Court
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
. Appeals from the CMAC lie with the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. Appeals require leave from the Supreme Court, unless there is a dissenting justice of the CMAC, in which case there is an appeal as of right to the Supreme Court.