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More recently, the Supreme Court of Canada, in the 1992 Généreux case, recognized the continuing need for a separate system of military justice.
The Court stated that Canada depends on the CF to defend against threats to our security and the military must be able to enforce discipline effectively and efficiently in order to maintain its readiness.
The initial decision whether or not to proceed with a charge is made by a CO or superior commander.
In the case of a charge laid by the NIS, if the CO or superior commander decides not to proceed, the NIS can have the charge referred through the chain of command to the Director of Military Prosecutions (DMP) where it will be reviewed for trial by court martial.
Certain serious offences cannot be tried by summary trial and such charges are automatically forwarded through the chain of command to DMP.Accordingly, breaches of discipline must be dealt with speedily and will often result in more severe punishments than what a civilian might receive for the same conduct.The Supreme Court acknowledged that military tribunals are designed to meet the disciplinary needs of the CF and that the ordinary courts would generally be inadequate to serve the particular needs of the military.You will be informed of the name and rank of the person who ordered that you be held in custody and the reason(s) why you are being held.Within 24 hours of your arrest and being placed in custody, you will be given the opportunity to express your views concerning your release to a custody review officer (your commanding officer (CO) or an officer designated by your CO).
Summary trial powers of punishment are more limited than the powers of punishment of courts martial.