Mental disorder and mental health issues have, for the last several years, been important issues facing the administration of the affairs of the Canadian Forces.  They have also been important factors under the Code of Service Discipline.  Consequently, they are key factors for various aspects of military justice.  But have they been applied properly and consistently within the legislative regime concerning the Code of Service Discipline?

This article asks whether presiding officers at summary trial are exercising their functions properly when there is a possibility that a member of the Canadian Forces, accused of an offence under the Code of Service Discipline, suffered from a mental disorder either at the time of the alleged offence, or at the time of the summary trial.  Should stakeholders in the Code of Service Discipline, and, more broadly, military justice, be aware of this issue, and should it be the subject of greater discussion?

Follow this link for a detailed discussion and useful information:  “Summary Trials under the Code of Service Discipline and Mental Disorder“.