# Wearing a military tunic



## RocketRichard (10 Nov 2015)

Greetings:

I've tried to look this up but haven't been able to find a definitive answer so looking for one from knowledgeable folks on this forum. Thanks in advance. 
If for example, students at a school are wearing a only a tunic (naval, army or air force) is this in contravention of below?

Criminal Code of Canada (CCC) - Unlawful Use Of Military Uniforms or Certificates

419. Every one who without lawful authority, the proof of which lies on him, 

(a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,

(b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,

(c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or

(d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized,

 is guilty of an offence punishable on summary conviction.

R.S., c. C-34, s. 377.


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## Remius (10 Nov 2015)

Ultimately I think it has more to do with them passing themselves off as military or former military.  If it's a fashion statement, I wouldn't worry too much.


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## JesseWZ (10 Nov 2015)

RocketRichard said:
			
		

> Greetings:
> 
> I've tried to look this up but haven't been able to find a definitive answer so looking for one from knowledgeable folks on this forum. Thanks in advance.
> If for example, students at a school are wearing a only a tunic (naval, army or air force) is this in contravention of below?
> ...



It is pretty rare for a Sec 419 charge to proceed, I have only been involved in one file that met the charge approval standard (and they ultimately were convicted). That being said, I highly doubt a student at a school wearing only a tunic meets the criteria of sub para *a*, specifically in meeting the standard that they are wearing the *uniform*.  I'm sure FJAG could provide a more detailed analysis, but methinks both police and prosecution wouldn't be touching this one. What they could *in theory* be charged with, is possession of stolen property, contrary to Section 355 of the Criminal Code. This is dependant primarily on the type of tunic they are wearing, whether it has an NSN, is CADPAT, etc.


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## Eye In The Sky (10 Nov 2015)

I bought an old greatcoat when I was young/before I joined from the secondhand clothing place back home.  I didn't then, and don't today, consider that a crime.

Now, more to the point...is the student in question a member of the Reserve Force, or was a member of the Reserve Force and was issued the tunic as part of a uniform, or did they also get it from an Army/Navy surplus?  

That would be a different matter IMO.


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## mariomike (10 Nov 2015)

RocketRichard said:
			
		

> If for example, students at a school are wearing a only a tunic (naval, army or air force) is this in contravention of below?



I have read on here of at least one "Walt" being charged, convicted and sentenced (12 months of probation and 50 hours of community service ),

It was a grown man doing a TV interview during last year's Remembrance Day ceremony.

I have not read on here of "students at a school" being charged with "Criminal Code of Canada (CCC) - Unlawful Use Of Military Uniforms or Certificates" for "wearing a only a tunic"  ( Not to say it has never happened. )

If CADPAT is being worn by a civilian, there is a 21 page discussion about that,
https://army.ca/forums/threads/16339.0/nowap.html


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## Tibbson (10 Nov 2015)

Unless they have the pants, boots, beret and all the other buttons and bows that go with it they are not wearing a uniform of the CAF.  They are wearing uniform parts.  Even if they were wearing the full meal deal I've been told by most Crowns and JAG officers that a charge would not be appropriate unless the person also received a benefit through the wearing of the uniform.  Just to have it on would not be sufficient in most cases to warrant a charge.

Its the same with people wearing their dead relatives medals on Remembrance Day.  Personally, I find it in bad form but unless they were wearing them and claiming them as their own in order to obtain a benefit of some sort it doesn't meet the intent of the CC.


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## mariomike (10 Nov 2015)

Schindler's Lift said:
			
		

> Its the same with people wearing their dead relatives medals on Remembrance Day.  Personally, I find it in bad form but unless they were wearing them and claiming them as their own in order to obtain a benefit of some sort it doesn't meet the intent of the CC.



From what I have read on here, most of those who do, usually wear them on the right side. 

Wearing an Ancestor's Medals Mega-thread  
http://army.ca/forums/threads/25589.75


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## RocketRichard (10 Nov 2015)

Hmm thanks for all your input.


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