Code of Service Discipline


The Code of Service Discipline is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces. It is found in Part III of the National Defence Act. The CSD:
The need for a separate justice system to enforce disciplinary standards in the military has a history that dates back to the earliest organized military forces. More recently, the Supreme Court of Canada, in R v Généreux, recognized the continuing need for a separate system of military justice. The Supreme Court stated that Canada depends on the CF to defend against threats to its security and the military must be able to enforce discipline effectively and efficiently in order to maintain its readiness. 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. For example, both summary trials and courts martial can be held wherever forces are deployed. In November 2015, the Supreme Court essentially confirmed its R v Généreux ruling.

Applicability

All members of the CF Regular Force are always subject to the CSD, both inside and outside Canada. Members of the Primary Reserve Force are subject to the CSD: