I have been charged under the Code of Service Discipline. What are my rights and entitlements under the Canadian Charter of Rights and Freedoms and the National Defence Act?
For general information on the Code of Service Discipline, read “The Code of Service Discipline and Me.” You can get this booklet at your unit orderly room. For specific information on the Code of Service Discipline, read Part III of the National Defence Act and the regulations contained in Volume II of the Queen’s Regulations and Orders. An accused must be given the opportunity to consult with legal counsel before making an election between summary trial and court martial. You can contact Defence Counsel Services at 1-888-715-9636 or (819) 997-8985. It should be noted that the Ombudsman does not act as a lawyer or an advocate for any party. His role is neutral. We can provide options, but we cannot give advice. Please note that the Ombudsman’s Office cannot investigate complaints relating to the exercise of discretion in laying charges by the chain of command or the NIS or in preferring charges by the Director Military Prosecution (see section 14 of the Ombudsman’s mandate). However,
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