Defence Counsel Services

Military Counsel

A CAF member (or a civilian subject to the CSD) arrested or under investigation by military authorities may call our duty line for legal advice.

Our regular business hours are 8:30am to 4:30pm Eastern (Ottawa) time.

Canada/USA

Toll-free: 1-888-715-9636

Outside Canada or the US

Telephone: +1 819-997-8985

Please note:

Duty counsel can only provide legal advice to persons who are facing military disciplinary proceedings or who have been provided a notice of adverse evidence by a summary investigation or a board of inquiry. Duty counsel CANNOT provide advice on other matters including, but not limited to: administrative reviews, remedial measures, grievances, civil litigation, immigration, employment law, family law, and civilian criminal proceedings.

Know your rights

What DCS does

DCS provides legal advice and/or legal representation to CAF members (or civilians subject to the CSD) who are likely to be charged, have been charged, or will be tried for a service offence under the CSD. There is no cost for advice or representation from DCS.

DCS also provides legal advice of a general nature to CAF members who are under investigation for or have been charged with a service infraction.

Services provided by DCS

DCS provides independent legal services, in a solicitor-client relationship, including:

legal advice:
- to a person who is the subject of an investigation under the CSD, a summary investigation or a board of inquiry;
- to a person arrested or detained for a service offence;
- of a general nature, to a person charged with a service infraction or to the member assisting the person charged
legal counsel and representation:
- to a person charged with a service offence;
- to a person in custody awaiting a hearing to be released;
- to a person where there are grounds to believe the accused person is unfit to stand trial;
- to a person who has been released from custody and wishes to have their conditions reviewed;
- to a person applying to a military judge to suspend detention or an intermittent sentence;
- where the Prosecution has appealed the Court Martial decision;
- where the person has applied to the Appeal Committee requesting that the Court Martial decision be appealed to the Court Martial Appeal Court;
- to a person who wishes to be released from detention while their appeal is being determined.

Summary Hearings

If you are charged with a service infraction (for example: using public property without authorization, being tardy to a place of duty, or being impaired by a drug or alcohol), you may be tried by a summary hearing. Summary hearings are less formal than courts martial proceedings and issue sanctions, rather than sentences, designed to return an accused CAF member to service as soon as possible.

To promote procedural fairness at summary hearings, we provide legal advice of a general nature. Primarily, we provide information about how to:

understand the gravity and technical nature of the infraction(s) you have been accused of and the possible sanction;
present your evidence during the hearing;
prepare your submissions for the sanction; and
request a review of your summary hearing.

DCS may not represent an accused at a summary hearing but can provide limited legal advice and information.

Courts Martial

If you are charged with an offence (for example: assault, disobeying a lawful command, or insubordination), you may be tried by court martial. There are two types of courts martial: General Courts Martial and Standing Courts Martial. Both types of courts martial are presided by a military judge, but General Courts Martial involve a panel of CAF members. General Courts Martial and Standing Courts martial generally impose more severe consequences than summary hearings. You could also receive a criminal record from a conviction at court martial.

To promote procedural fairness and access to justice at courts martial, we provide legal advice and counsel from the moment you request representation from DCS until we have achieved the best possible outcome for the specific circumstances of your case. In your defence, we would generally:

examine the charge(s) to confirm it meets the legal requirements of a service offence;
examine the evidence for legal issues that may arise, including a failure to comply with the Canadian Charter of Rights and Freedoms;
gather any additional evidence to support your case;
locate and prepare witness(es) to testify, including retaining expert witnesses; and
advocate in your interest pursuant to your instructions during discussions with prosecution and during all court hearings, including sentencing, as necessary.

Appeals

Appeals of a court martial may be heard before the Court Martial Appeal Court of Canada and further, to the Supreme Court of Canada. Legal services and representation for appeals are available if approved by the Appeal Committee. When appropriate, DCS may make an application with recommendations to the Appeal Committee to appeal a conviction or a sentence. The Appeal Committee will approve an appeal if there is a reasonable chance of success and that it is important for the administration of military justice.

Contact DCS

Mailing:

Defence Counsel Services
National Defence Headquarters
101 Colonel By Dr
Ottawa, ON
K1A 0K2

Courier Services Address:

Defence Counsel Services
333 Laurier Ave W., suite 100-3
Ottawa, ON
K1P 1C1

Positional mailbox:

jag.ddcsadmin-admindsad@forces.gc.ca

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2019-11-26

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