Forfeiture of Decorations and Medals

Topic

Forfeiture of Decorations and Medals

Case number

• 2014-201 (F&R Date: 2015–01–13)

Description

This issue is a follow-up to the systemic recommendations made in a previous case (Committee File 2009-075).

The Director Honours & Recognition (DH&R) appears to automatically recommend that members’ medals be forfeited in cases where they have been released under item 2(a) of the table to article 15.01 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O), when convicted by a civil authority and sentenced to a period of imprisonment.

This is contrary to the provision of QR&O 18.27(2)(a) which requires the exercise of discretion through the review of the merits of each case.  A proper exercise of discretion should not automatically lead, in all cases, to a recommendation of forfeiture.

Recommendation

The Committee recommended that the Final Authority direct that the DH&R be made aware that a conviction by a civil authority and a sentence to imprisonment do not automatically lead to a recommendation of forfeiture, as per the QR&O 18.27(2)(a), and that each case should be reviewed on its own merits.

Final Authority Decision

The CDS did not agree that the practice of forfeiting medals appears to be mandatory when CAF members are convicted by a civil court. While the CDS agreed that DH&R often recommends forfeiting medals for civilian sentences that include imprisonment, the final decision rests with him to accept or reject the recommendations.