MP's to start as Private, not Corporal... ?

[Bruce Monkhouse]

I don't agree with MP, veh tech or any other trade getting CPL immediately. CPL is a rank based on qualification and expirience, not civie college diplomas.

I agree, if the CF needs incentives than give them the cash difference between 4 years as a Private as compared to the same time frame as a Corporal.

 

[garb811]

Not sure where you got that one, MP assigned to duties with NIS and only NIS may lay a charge against a military mbr in respect to a service offence; criminal code offences are for the most part laid under sec 130 of the NDA (miscilainious offences under the CCC) and generally (if serious enough) prosecuted at court martial.

Ahhh, I get it, MP posted to NIS are the only MPs who are able to directly lay NDA charges, kinda like he stated in his first para:

MPs do not turn over MAJOR crimes to the RCMP. The NIS investigates murder, sexual assault etc if it occurs on DND property. The NIS can lay charges under the NDA and the Criminal Code as well as other federal statutes. NIS have a variety of specialzed skills they can draw on i.e. polygraph, forensic identification techs (CIS to the non-initiated). If they need other resources they can access these through local police depts who are usually much larger.

Thanks for taking the time to clear that one up but it really wasn't necessary, particularly as he served with NIS while an MP and he knows exactly how the system works...  :

I'm not sure where you got the idea from but most military members charged with an offense pursuant to the Criminal Code are not charged via Section 130 of the NDA.  Although there has been a marked increase in the use of Section 130 in recent years (greatly facilitated by the NDA being amended to allow persons convicted of certain service offences, including 130, to be subject to the Identification of Criminals Act as well as allowing Courts Martial to try all offences in Canada), my experience is the preponderance of Criminal Code offences commited while the member is in Canada continue to be pursued via the civilian courts unless there is a clear military nexus (such as the member was on duty when the offence was committed) and the circumstances warrant it being pursued through the Code of Service Discipline for...well...discipline reasons. 

A very broad rule of thumb is if the member commits a Criminal Code offence while off duty, they will be dealt with via the civilian system unless specific direction exists otherwise.  This approach ensures military members being charged for an offence pursuant to the Criminal Code face the same jeopardy as other members of the surrounding community, lessens the burden on the Military Justice system, removes the possibility of the Chain of Command declining to lay or proceed with a charge (placing the decision to proceed in the hands of the Crown who has no interest in the individual other than as the subject of the charge) and allows MP not posted to NIS to lay charges everywhere but BC and Quebec, where the Crown makes the decision to lay charges.  Additionally, in some circumstances, such as instances of spousal assault, MP are required to lay criminal charges in Civilian Court vice referring the issue to the Military Justice system.

Edit:  small addition for clarity

 

[Disenchantedsailor]

my bad I went on the assumption of "on duty acts" where there has indeed been an increase in section 130 charges I have also seen an increase in the last couple of years in off duty acts committed on military property handled by the military justice system vice the civillian system, and even a couple with split jurisdiction.

 

[garb811]

Seen.  That's the problem when you only get to look at part of the picture via the Chief Military Judge's website.