Rules of Practice for Military Judges

Summary#

A proposal published in the Canada Gazette, Part I on April 27, 2024 would create the Rules of Practice and Procedure of the Chief Military Judge under the National Defence Act. If approved, those rules would replace informal administrative court-martial practices with a single set of enforceable procedures for hearings before military judges.

What it does#

• Makes clear these are proposed rules (not law yet) and asks for public comments within 30 days.
• Applies to all proceedings under the National Defence Act that are presided over by a military judge.
• Requires parties to provide copies of any statutes, regulations or case law they plan to rely on to the other parties and to the judge.
• Sets how documents must be served: personal service, registered mail, fax or email, and spells out proof-of-service requirements.
  • Email service requires consent via a form filed with the Court Martial Administrator; email attachments must be in PDF and a fax should not exceed 50 pages without prior consent.
• Establishes scheduling steps intended to reduce delay:
  • The Court Martial Administrator must contact parties to schedule a coordinating conference within 45 days of receiving the charge sheet, and that conference must be held within 15 days after contact.
  • Allows the presiding judge to direct pre-trial conferences to narrow issues.
• Sets a written process for common procedural steps: requests for interpreters under the Official Languages Act, standard forms for applications and replies, notices for substitution of prosecutors, and rules for withdrawal of counsel.
• Provides a way for members of the public to request access to exhibits and transcripts for ongoing proceedings (via a request form).
• Says the rules would come into force on the day they are published in the Canada Gazette, Part II if approved.

Who's affected#

• Military judges (will use and enforce the rules).
• Accused people in military justice proceedings and their counsel.
• Director of Military Prosecutions and prosecutors.
• Director of Defence Counsel Services and appointed defence counsel.
• The Court Martial Administrator, the Judge Advocate General, and other court-martial administrators and staff.
• Members of the public who may seek access to exhibits or transcripts.
• The proposal says it does not create costs for small businesses; otherwise it applies only to the military justice system.

Why it matters#

• The change would make routine court-martial practices legally enforceable rather than voluntary. That aims to strengthen judicial independence and reduce the risk of inconsistent procedures or bias claims.
• Clear rules about service, timelines, conferences and forms could reduce delays and make proceedings more predictable for accused people, counsel and prosecutors.
• It also clarifies how to request interpreter services and how the public can ask for access to court materials.
• This is a proposed regulation. It could be changed during the consultation period and is not yet in force.