It used to be that if a member of the service, having deserted, was restored to duty by a commander who knew of the desertion, the desertion was deemed to have been condoned -- a complete defense. Judging by
this current Royal Canadian Navy case in Halifax, that seems no longer to be the rule. Might one of our Canadian readers shed some light on this?
Interesting. Having never served in the Royal Canadian Navy, I am unable to confirm the prior existence of any such a custom or tradition. Lest I be mistaken, at present, there is no such rule, policy or regulation permitting this in the Canadian Armed Forces. Be that as it may, once a charge is laid under our unified Code of Service Discipline military justice will simply have to run its course.
ReplyDeleteAnd, may I ask this. Does the Canadian Navy, or any other service have something similar to this language found in the current Rule 907(b)(2)(D)(iii), Rules for Courts-Martial, United States (2012). Which loosely says a party may move to dismiss charges for, "Constructive condonation of desertion established by unconditional restoration to duty without trial of a deserter by a general court-martial
ReplyDeleteconvening authority who knew of the desertion[.]" The motion is waivable.