DAOD 7001-1, Attendance at Civil and Criminal Court Proceedings

1. Introduction

Date of Issue: 1997-09-26

Application: This is an order that applies to members of the Canadian Armed Forces (CAF).

Supersession: CFAO 19-10, Attendance at Judicial Proceedings

Approval Authority: This DAOD is issued under the authority of the Judge Advocate General (JAG).

Enquiries: Director Law Military Personnel (D Law Mil Pers) or the nearest JAG representative.

2. Definitions

civil court (tribunal civil)

Civil court means a court in Canada for the conduct of civil litigation.

conduct money (frais de déplacement)

Conduct money means the minimum amount of travel money payable by law when a person receives a subpoena to attend court. Conduct money is to be provided with the subpoena.

criminal court (tribunal de juridiction criminelle)

Criminal court means a court in Canada for the trial of criminal offences, including a court of summary jurisdiction, but not a court martial or summary trial.

foreign court (tribunal étranger)

Foreign court means any court outside of Canada, but not a court martial or summary trial.

3. Status while Attending Court

Member's Status

3.1 A member's status while attending civil, criminal or foreign court proceedings is as follows.

If a member …the member shall attend …

has been subpoenaed to attend as a witness at a criminal court,

on duty.

has been ordered as a witness for the Crown in right of Canada to attend a civil court, a criminal court or any other judicial proceedings

on duty.

has been subpoenaed to attend as a witness in a military capacity at a civil court, e.g., an accounting officer who is to testify about a member's pay records,

on duty.

has been subpoenaed or otherwise ordered to attend as a witness before a foreign court,

on special leave (see A-PP-005-LVE/AG-00, Canadian Forces Leave Policy Manual).

Note - If a commanding officer (CO) considers the member's attendance to be in the public interest of Canada, the CO shall request that the officer commanding the command order the member to attend on duty.

has been subpoenaed to attend as a witness, in a civilian capacity, at a civil court, e.g., a witness to a motor vehicle accident,

subject to the exigencies of the Service, on special leave.

wishes to attend at any judicial proceedings as the plaintiff or defendant, or as a witness, in circumstances not otherwise covered by this policy,

subject to the exigencies of the Service, on annual leave or leave without pay.

4. Financial Arrangements

Before Attending Court

4.1 When a member has been subpoenaed to attend as a witness at a criminal or civil court and is required to proceed on duty, the CO shall:

  1. ensure that the member, before attending court, seeks payment of the appropriate conduct money by the party seeking the member's appearance, and
  2. where lodgings and meals for a member are necessary, endeavour to arrange for the member's expenses to be paid by the party seeking the member's appearance.

Note - This is not required when a member is attending as a witness in an action to which DND is a party. If the CO considers that a member's attendance is in the interest of DND and that expense money should not be sought, the CO should seek direction from NDHQ/D Law Mil Pers.

Application of Monies and Fees to Travel Claim

4.2 Any conduct money, expense money or witness fees must be made payable to the member subpoenaed, who shall apply these funds towards the travel claim. A statement of monies and benefits received should be requested by the member from the lawyer or crown attorney concerned to substantiate the claim.

Payment of Travel Expenses by a Third Party

4.3 When a member has been authorized to attend a civil court or a foreign court while on duty and the member's expenses in whole or in part, including witness fees, are paid by a third party:

  1. the financial benefits to which the member may be entitled under CBI, Chapter 209, Sections 2, 3, 4 and 5 shall be reduced by the amount received from the third party; or
  2. the member may, prior to proceeding to court, elect in writing to waive the financial benefits of CBI, Chapter 209, Sections 2, 3, 4 and 5 and accept in lieu the expenses or other remuneration paid by the third party.

5. References

Acts, Regulations, Central Agency Policies and Policy DAOD

  • CBI, Chapter 209, Sections 2, 3, 4 and 5
  • DAOD 7001-0, Civil and Criminal Court Proceedings

Other Reference

  • A-PP-005-LVE/AG-00, Canadian Forces Leave Policy Manual