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| Cpl | Absent without leave (9ONDA) | Absent without leave from CAR. | Guilty/$20 fine. | Maj C. Seward | 111 -- tab 27 | |||
| Cpl | Neglect to the prejudice of good order and discipline (129 NDA) | Failed to ensure his weapon was unloaded properly, resulting in an accidental discharge. | Guilty/$1,100 fine. | LCol J.C.A. Mathieu | 111 -- tab 30 | |||
| Tpr | Drunkenness (97 NDA) Conduct to the prejudice of good order and discipline (129NDA) |
While on board HMCS Preserver, was drunk. While on board HMCS Preserver, behaved in a disorderly manner, by trying to take over the ship. |
Guilty/30 days detention for both offences. | LCol J.C.A. Mathieu | 111 -- tab l7 | |||
| MCpl | Neglect to the prejudice of good order and discipline (129NDA) | Failed to ensure his weapon was unloaded properly resulting in an accidental discharge. | Guilty/$ 1,200 fine. | LCol J.C.A. Mathieu | 111 -- tab 25 | |||
| Pte | Neglect to the prejudice of good order and discipline (129NDA) | At Baledogle, Somalia, failed to ensure his weapon was unloaded properly, resulting in an accidental discharge. | Guilty/$900 fine. | LCol J.C.A. Mathieu | 111 -- tab8 | |||
| Cpl | Negligently performed a military duty (124 NDA) | As a medical assistant, failed to secure four morphine auto injectors adequately, thereby causing their loss. | Not indicated. | N/A. | N/A | 111 -- tabs 14/15 | ||
| Cpl | An act to the prejudice of good order and discipline (129NDA) | Fabricated an untrue statement to cover up the firing of a warning shot. | Guilty/$100 fine and Recorded Warning. | LCol J.C.A. Mathieu | 111 -- tab 29 90Cs--stab 13C |
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| Capt | Struck a subordinate (95 NDA) Conduct to the prejudice of good order and discipline (129NDA) |
While on board HMCS Preserver, struck a subordinate. While on board HMCS Preserver, he fought with a subordinate. |
Guilty/$1,200 fine and Severe Reprimand. Dismissed. |
Col J.S. Labbé | 111 -- tab 2 | |||
| MCpl | Negligently performed a military duty imposed on him (124NDA) | At Belet Huen while cleaning his weapon, failed to ensure that his weapon was cleared, causing it to fire. | Guilty/$1,500 fine | LCol J.C.A. Mathieu | 111 -- tab 7 | |||
| Pre | Neglect to the prejudice of good order and discipline (I29NDA) | At Belet Huen, failed to handle his weapon properly causing an accidental discharge. | Guilty/$1,000 fine. | LCol J.C.A. Mathieu | 111 -- tab 31 | |||
| Maj | Negligently performed a military duty imposed on him (124 NDA) | At Belet Huen, while preparing for patrol, failed to ensure that his weapon was cleared, causing it to fire. | Guilty/$2,400 fine. | Col J.S. Labbé | 111 -- tab 26 | |||
| Pte | Neglect to the prejudice of good order and discipline (129NDA) | At Mogadishu, failed to load his weapon properly. | Guilty/$500 fine. | LCol J.C.A. Mathieu | 111 -- tab 4 | |||
| Pte | Negligently performed a military duty imposed on him (124NDA) Neglect to the prejudice of good order and discipline (129NDA) |
While on escort duty, failed to ensure his weapon was on safety, thereby causing a negligent discharge. Failed to ensure that his personal weapon was on safety, thereby causing a negligent discharge. |
Guilty/$250 fine. Dismissed. |
Maj G.S. Dawson | 111 -- tab 6 | |||
| Lt | Negligently performed a military duty imposed on him (124NDA) | At Belet Huen while cleaning his pistol, failed to ensure that his weapon was cleared causing it to discharge wounding him in the left arm. | Guilty/$1 ,400 fine. | Col J.S. Labbé | 111 -- tab 39 | |||
| MCpl | Negligently performed a military duty imposed on him (124 NDA) | Failed to ensure that a pistol he was handling was clear, causing it to fire. | Guilty/$200 fine | LCol J.C.A. Mathieu | 111 -- tab 11 | |||
| Sgt | Disobeyed a lawful command of a superior officer (83 NDA) An act to the prejudice of good order and discipline (129NDA) |
A CF member was improperly dressed when he wore a baseball cap contrary to the orders given by his platoon commander. A CF member mixed a military uniform with civilian clothing by wearing a baseball cap. |
Guilty/$250 fine and reprimand. Dismissed. |
LCol J.C.A. Mathieu | 111 -- tab 5 | |||
| MCpl | Behaved with contempt toward a superior officer (85 NDA) | Behaved in a contemptuous manner toward a captain by waving his arm in the air as if to brush him off, stating, "I do not have to wait for you either sir." | Guilty/$200 fine and reprimand. | LCol J.C.A. Mathieu | 111 -- tab 36 | |||
| Cpl | Negligently performed a military duty imposed on him (124 NDA) | While serving with the CARBG, Somalia, failed to ensure his weapon was cleared after a vehicle search causing it to fire. | Guilty/$ 1,300 fine. | LCol J.C.A. Mathieu | 111 -- tab 1 | |||
| LCol | Negligently performed a military duty imposed on him (124 NDA) | While he was the Commanding Officer for CARBG, he issued orders to his subordinates to shoot looters leaving the Canadian compound and, by doing so, failed to observe the Canadian rules of engagement for Operation Deliverance while it was his duty to do so. | Acquitted/Relieved of his command and transferred to LFC HQ on 93.09.17. The prosecution's appeal was allowed and a second court martial was ordered. Second court martial acquitted. | N/A | LCol J.S.M.D. Mercier | DND 093734 and 90C-tab 13C |
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| Pte | Conduct to the prejudice of good order and discipline (129 NDA) Drunkenness (97 NDA) |
While drunk at the Intercontinental Hotel in Nairobi, a CF member struck a hotel security guard in the chest without any apparent reason. While on leave, a CF member was drunk at the Intercontinental Hotel in Nairobi. |
Dismissed. Guilty/14 days detention. |
LCol J.C.A. Mathieu | 111 -- tab 10 | |||
| Pte | Neglect to the prejudice of good order and discipline (129NDA) | Failed to properly carry out the safety precautions for the C7 rifle before cleaning thereby causing a round to be negligently fired. | Guilty/$1,000 fine. | LCol J.C.A. Mathieu | DND 286059 | |||
| Cpl | Drunkenness (97 NDA) Conduct to the prejudice of good order and discipline (129NDA) |
At Intercontinental Hotel, Nairobi. Kenya, was drunk. At the Florida 2000 Club, Nairobi, Kenya, broke a telephone booth window. |
Guilty of both offences/14 days detention. | LCol J.C.A. Mathieu | 111 -- tab 34 | |||
| Tpr | Neglect to the prejudice of good order and discipline (129 NDA) | Near the village of Raqso, Somalia, was wearing a green bandana, contrary to 3 Commando Standing Orders. | Guilty/seven days extra work and drill. | Maj C.G. Magee | 111 -- tab 42 | |||
| Tpr | Neglect to the prejudice of good order and discipline (129NDA) | At village of Tree Cento, Somalia failed to properly complete the unload drill for the C7 rifle thereby causing a round to be negligently fired. | Guilty/$900 fine. | LCol J.C.A. Mathieu | 111 -- tab 44 | |||
| Capt | An offence punishable under section 130 of the NDA, that is to say, unlawfully causing of bodily harm, contrary to section 269 of the Criminal Code of Canada (130 NDA) Negligently performed a military duty imposed on him (124 NDA) |
Unlawfully causing harm to Abdi Hamdure by authorizing the use of excessive force against Abdi Hamdure. Authorized his subordinates to apprehend any persons trying to enter the Canadian compound and, by doing so, failed to instruct his subordinates adequately on the proper use of force according to the Canadian Rules of Engagement for Operation Deliverance. |
Acquitted1 | N/A | N/A | DND 414592 DND 414647 90C-tab 13C |
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| Pte | Negligently performed a military duty imposed on him (124NDA) | At Matabaan, while handling a pistol, failed to ensure it was properly cleared, thereby causing it to fire. | Guilty/$1,000 fine. | LCol J.C.A. Mathieu | 111 -- tab 16 | |||
| Cpl | Negligently performed a military duty imposed on him (124NDA) | At Belet Huen, while cleaning his weapon, failed to ensure that his weapon was cleared, thereby causing it to fire. | Guilty/$1,400 fine. | LCol J.C.A. Mathieu | 111 -- tab 28 | |||
| Cpl | Negligently performed a military duty imposed on him (124NDA) | At Belet Huen, Somalia, while cleaning his weapon, failed to ensure that it was properly cleared, thereby causing it to fire. | Guilty/$500 fine. | LCol J.C.A. Mathieu | 111 -- tab 12 | |||
| Cpl | Negligently performed a military duty imposed on him (124NDA) | At Belet Huen, Somalia, while cleaning his weapon, failed to ensure that it was properly cleared, thereby causing it to fire. | Guilty/$500 fine. | LCol J.C.A. Mathieu | NS 181900 | |||
| Cpl | Negligently performed a military duty imposed on him (124NDA) | While on sentry duty at the Canadian Engineer Camp, failed to ensure a 12-gauge shotgun was on safety, causing it to fire. | Guilty/$ 1,000 fine. | LCol J.C.A. Mathieu | 111 -- tab 40 | |||
| Cpl | Disobeyed a lawful command of a superior officer (83 NDA) Conduct to the prejudice of good order and discipline (129NDA) |
At Belet Huen, refused to remove a lean-to structure and relocate his accommodation to tentage, when ordered to by a captain. At Belet Huen, refused to carry out a legitimate order given to him by a captain. |
Guilty/$150 fine. Dismissed. |
Maj B.J. Vanderveer | 111 -- tab 13 | |||
| MCpl | An offence punishable under section 130 of the NDA that is to say, murder, contrary to section 235(1) of the Criminal Code of Canada (130 NDA) An offence punishable under section 130 of the NDA, that is to say, torture, contrary to section 269.1 of the Criminal Code of Canada |
In the Canadian military compound did commit second degree murder of Somali detainee, Shidane Abukar Arone. In the Canadian military compound did torture a Somali detainee, Shidane Abukar Arone. |
Found unfit to stand trial. Released from the CF. | N/A | N/A | DND 089599 DND 112097 90C-tab 13C, General Courts Martial |
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| Pte | An offence punishable under section 130 of the NDA, that is to say, torture, contrary to section 269.1 of the Criminal Code of Canada (130 NDA) Negligently performed a military duty imposed on him (124 NDA) |
In the Canadian military compound did torture a Somali detainee, Shidane Abukar Arone. Failed to ensure that a Somali detainee, namely Shidane Abukar Atone, was safeguarded. |
Acquitted on both charges. Prosecution's appeal to CMAC dismissed. | N/A | N/A | DND 096776 90C -- tab 13C, General Courts Martial, CMAC 383, April 12, 1996 |
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| Sgt | An offence punishable under section 130 of the NDA, that is to say, torture, contrary to section 269.1 of the Criminal Code of Canada (130 NDA) Negligently performed a military duty imposed on him (124NDA) |
In the Canadian military compound did torture a Somali detainee, Shidane Abukar Atone. Failed to ensure that a Somali detainee, namely Shidane Abukar Arone, was safeguarded. |
Stayed. Pleaded guilty/ 90 days imprisonment, eduction in rank. CMAC increased the sentence to one year imprisonment. |
N/A | N/A | DND 096778 90C -- tab 13C, General Courts Martial, CMAC 374, May 16, 1995 |
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| Pte | An offence punishable under section 130 of the NDA, that is to say, murder, contrary to section 235(1) of the Criminal Code of Canada (130 NDA) An offence punishable under section 130 of the NDA, that is to say, torture, contrary to section 269.1 of the Criminal Code of Canada (130 NDA) |
In the Canadian military compound did commit second degree murder of a Somali detainee, Shidane Abukar Arone. In the Canadian military compound did torture a Somali detainee, Shidane Abukar Arone. |
Guilty of manslaughter and torture/five years' imprisonment and dismissal with disgrace. Appeals by both parties to CMAC denied. Leave to appeal to SCC denied. | N/A | N/A | DND 023378 90C -- tab 13C General Courts Martial, (1995), 35 C.R. (4th) 318 (CMAC) |
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| Capt | An offence punishable under section 130 of the NDA, that is to say, unlawfully causing bodily harm, contrary to section 269 of the Criminal Code of Canada (130 NDA) Negligently performed a military duty imposed on him (124 NDA) An act to the prejudice of good order and discipline (129 NDA) |
In the Canadian military compound did unlawfully cause bodily harm to a Somali detainee, Shidane Abukar Atone. Failed to properly exercise command over his subordinates, following the capture of a Somali detainee, Shidane Abukar Atone. While briefing his section commanders, passed on information that any prisoners captured as a result of a forthcoming patrol could be "abused", or words to that effect. |
Acquitted. Guilty/severe reprimand, reduction rank. Stayed/appeal to CMAC dismissed. Retention in CF without restriction. |
N/A | N/A | DND 412854 DND 415060 DND 092395 90C-tab 13C, General Court Martial, CMAC-390, July 4, 1996 |
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| Sgt | Negligently performed a military duty imposed on him (124 NDA) Negligently performed a military duty imposed on him (124NDA) |
While acting as 2 Commando Duty Officer, failed to remain awake as was his duty to do so. Failed to intervene in the mistreatment of a Somali national in custody, Shidane Abukar Arone, as was his duty to do so. |
Not guilty/ bypassed for promotion in 1995. Unit recommends promotion. | N/A | DND 415049 DND 415052 90C-tab 13C |
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| Maj | An offence punishable under section 130 of the NDA, that is to say, unlawfully causing bodily harm, contrary to section 269 of the Criminal Code of Canada (130 NDA) Negligently performed a military duty imposed on him (124NDA) |
Did unlawfully cause bodily harm to Shidane Abukar Arone. While an officer commanding 2 Commando failed to issue instructions to prevent the mistreatment of prisoners. |
Acquitted. Guilty/severe reprimand and retention in CF without restriction. On appeal to CMAC sentence increased to three months imprisonment and dismissal from CF Leave to appeal to SCC dismissed. |
N/A | NS 028319 90C -- tab 13C, General Court Martial, CMACs--s376, May 27,1996 |
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| Cpl (driver) Capt (senior passenger) WO (NCO i/c) |
Careless driving | A vehicle accident involving a Bison vehicle and the Bailey bridge, which was caused by the vehicle being driven at an excessive speed. | Cpls--sRecorded warning and administrative deduction of $250. Capts--sReproof for neglect of duty. WOs--sReproof for neglect of duty. |
Col J.S. Labbé | DND 064878 DND 064879 |
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| Cpl | Used violence against a superior officer (84 NDA) Behaved with contempt toward a superior officer (8SNDA) |
Hit the duty sergeant in the ribs with his left elbow. Said to the duty sergeant in a loud voice, while vigorously pointing his finger in his face, "You don't have the right to talk to me like that", or words to that effect. |
Dismissed. Guilty/$400 fine and 30 days suspension of leave. |
Maj S. Moffat | 111 -- tab 18 | |||
| Cpl | Drunkenness (97 NDA) | Acted in a discreditable fashion while drunk in Mombassa. | Guilty/$500 fine reprimand and Recorded Warning | N/A | 126 -- tab 1 | |||
| Cpl | Drunkenness (97 NDA) An act to the prejudice of good order and discipline (129 NDA) |
At the Reef Hotel in Mombassa, Kenya was drunk and behaved in a disorderly manner bringing discredit on the Canadian Forces. At the Reef Hotel in Mombassa, Kenya, behaved in a disorderly manner by grabbing an officer's steak from his plate, taking a bite of it and then spitting it out. |
Dismissed. Guilty/$50 fine. |
N/A | 111 -- tab 21 | |||
| Cpl | Negligently performed a military duty imposed on him (124 NDA) | Circumstances are not legible on the charge sheet. | Guilty/$1,300 fine. | LCol J.C.A Mathieu | 111 -- tab 41 | |||
| Cpl | Drunkenness (97 NDA) Conduct to the prejudice of good order and discipline (129NDA) |
At Reef Hotel, Mombassa, Kenya, was in lobby of hotel drunk. At Reef Hotel, Mombassa, Kenya, was in lobby of hotel, nude, bringing discredit to Canadian Forces. |
Not indicated. Guilty/$300 fine and reprimand. |
Col K.R. Sorfleet | 111 -- tab 22 | |||
| Cpl | Conduct to the prejudice of good order and discipline (129 NDA) | At Camp Holland, Matabaan without authority or proper knowledge of the weapon did load a C-S mounted gun on a Grizzly turret and while trying to unload it caused it to fire. | Guilty/$500 fine. | N/A | LCol J.C.A. Mathieu | 111 -- tab 38 | ||
| Pte | Neglect to the prejudice of good order and discipline (129 NDA) | At Belet Huen, Somalia, while on sentry failed to wear his fighting order. | Guilty/$200 fine. | N/A | Maj J.D. Kyle | 111 -- tab 32 | ||
| Cpl | Neglect to the prejudice of good order and discipline (129 NDA) | At Belet Huen, Somalia, while on sentry failed to wear his fighting order. | Not indicated. | LCol J.C.A. Mathieu | 111 -- tab 32 90Cs--stab 13C |
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| MCpl | An offence punishable under section 130 of the NDA, that is to say, criminal negligence causing death contrary to section 220 of the Criminal Code of Canada (130 NDA) Negligently performed a military duty imposed on him (124NDA) |
Pulled the trigger of a rifle pointed at another person causing the death of a CF soldier. While handling his rifle, failed to take proper precautions against unsafe discharge of that rifle, as it was his duty to do so. |
Stayed. Pleaded guilty/ l20days' imprisonment, includes reduction in rank. Appeal to CMAC dismissed. Recommended for retention in the CF without restriction. |
N/A | DND 361499 90C -- tab 13C, General Court Martial, CMAC- 373, April 10, 1995 |
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| MCpl | Drunkenness (97 NDA) | Conduct to the prejudice of good order and discipline (129NDA) | Guilty/$500 fine and reprimand. Suspension of leave for 30 days. Dismissed. |
Maj W.G. Vogan | 111 -- tab 23 | |||
| MCpl | An act to the prejudice of good order and discipline (129 NDA) Drunkenness (97 NDA) |
Near the Old Port in Mogadishu, re-entered the confines of 1 Commando camp through the concertina wire fence. Near the Old Port in Mogadishu was drunk. |
Guilty/$500 fine. Dismissed. |
LCol J.C.A Mathieu | 111 -- tab 3 | |||
| 96.04.23 96.04.25 96.04.26 96.05 |
Cpl | An act to the prejudice of good order and discipline (129 NDA) [8 counts] Disobeyed an order of a superior (83 NDA) |
The charges related to a book that he published and media
interviews that he provided that were critical of the
military. He was also charged with leaving the Citadel
against charges of his superior. He had left to deliver
documents to the Commission of Inquiry. Left the Citadel against the orders of his superior to deliver documents to the Commission of Inquiry. |
Pleaded guilty to five counts and found guilty on three counts. Charge stayed. |
Col G.L. Brais | 118 -- tabs 20, L, M |
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