Thursday, August 3, 2017


Bill C-15 - An Act to amend the National Act [NDA] which was enacted on June 19, 2013 provides for the creation of criminal record for an accused condemned for a range of disciplinary offences – such as s. 129 - Conduct to the Good Order and Discipline - IF, it is a big if, the sentence [see Scale of Punishments below] is higher that Severe Reprimand or if the Fine exceeds one month’s pay. 

This is a most unusual provision. Section 249.27 of the NDA (thankfully not yet in force)  allows for the generation of a criminal record NOT because of the objective gravity of the offence but because of the severity of the sentence.  As the French saying goes: "C'est le monde à l'envers!"

Scales of Punishments. Section 139 of the NDA provides for the following scale of punishments in descending order of severity;

     A. Imprisonment for life;
     B. Imprisonment for two years or more;
     C. Dismissal with Disgrace;
     D. Imprisonment for less than two years;
     E. Dismissal;
     F. Detention;
     G. Reduction in rank;
     H. Forfeiture of seniority
     I. Severe Reprimand;
     J. Reprimand
    K. Fine; and 
    L. Minor punishments

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