The Court Martial Appeal Court of Canada (CMAC) (french: Cour d'appel de la cour martiale du Canada) hears appeals from

Courts-martial of Canada Courts martial of Canada are trials conducted by the Canadian Armed Forces. Such courts martial are authorized under the National Defence Act. Civilians with a military unit also become subject to the courts-martial system. Most commonly, courts m ...

(" 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 Military personnel are members of the state's armed forces. Their roles, pay, and obligations differ according to their military branch (army, navy, marines, air force, space force, and coast guard), rank ( officer, non-commissioned office ...

, and those civilian personnel that accompany military personnel abroad, for crimes that contravene the

Code of Service Discipline The Code of Service Discipline (CSD) 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 (CF). It is found in Pa ...

and the

National Defence Act The ''National Defence Act'' (NDA; ; ''LDN'') is an Act of the Parliament of Canada, which is the primary enabling legislation for organizing and funding the military of Canada. The Act created the Department of National Defence, which merged th ...

; which incorporates many of the offences under the

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

and related statutes. The CMAC was established in 1959 by

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

under the

, 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 court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civi ...

s and the Federal Court and

Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...

. Appeals from the CMAC lie with the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

. Appeals require leave from the Supreme Court, unless a justice of the CMAC dissents on a question of law, in which case there is an appeal as of right to the Supreme Court.
National Defence Act
'', s. 245.

References

External links

Official siteOffice of the Chief Military Judge
1959 establishments in Ontario Canadian appellate courts Military courts of appeal Courts martial of Canada Courts and tribunals established in 1959 {{Canada-law-stub

See also

References

External links