How would this crime be punished in Canada?

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Impostor

He would be treated as a hero...

Randy B

The only reason I'd answer a question this far out in left field is to clear up some misconceptions from other answerers so lets get this straightened up first:

- the death penalty does NOT exist in Canadian military law any more and it has not existed there since 1998; and

- the charge of treason does not apply in this case since treason is not an offense under the Code of Service Discipline of the Canadian Forces. (contained within the Canadian "National Defence Act")

Now, in a case such as this there are a number of charges that could apply based upon the totality of the circumstances (as ridiculous and unlikely as these circumstances may be).

- Misconduct of Commanders in Presence of Enemy, Sec 73 would apply and could result in a sentence of life imprisonment or any lesser punishment as the courts decide.

- Misconduct of any Person in Presence of Enemy, Sec 74 could apply if it is not considered the same as Sec 73 and would also result in a sentence of life imprisonment or any lesser punishment as the courts decide.

- Scandalous conduct by officers, Sec 92 could apply and would result in dismissal with disgrace from the Forces;

- Destruction, damage, loss or improper disposal of property, Sec 116 could apply and would result in a prison sentence of less then 2 years and dismissal with disgrace.

- Negligent performance of duties, Sec 124 could apply and could result in dismissal with disgrace.

- Injurious or destructive handling of dangerous substances, Sec 127 could apply and would result in a prison sentence of less then 2 years and dismissal with disgrace.

- Prejudicing good order or discipline, Sec 129 could apply and could result in dismissal with disgrace.

- Under Sec 130 of the Code of Service Discipline (which is part of the National Defence Act, a person could also be charged with certain Criminal Code (civilian) offenses if any are deemed to apply as well.

One must also remember that the most time a person could do in the military prison located in Edmonton is 2 years less a day. If someone is sentenced to more time then that by the military tribunal (Courts Marshal) then they would serve their first 2 years less a day in the military prison and then be transfered to a federal prison for the rest of their time and time off for good behavior would apply.

The fact that the person went into hiding for 5 years is irrelevent since they would still be a member of the Canadian Forces during that time, however they would be AWA and there is no statute of limitations. Since the offences took place outside of Canada while the member was serving with the Canadian Forces the military has absolute jurisdiction for trying the case and he would go through the Court Marshal process.

As I noted above, this is a totally ridiculous question and a totally unplausable circumstance but since you asked the question...there it is.

Annie

He would face a military tribunal and likely be put in prison for the rest of his life.

short shrimp

I think his punishment would be 'to become your room-mate'.

how bad do you think it is...???

Ziggy

Hi:

It is a crime. He would get charged with treason and among other things. He would get jail time but not sure how much.
Probably Life without parole.

MasterPython

I honesty think he might die under mysterious circumstances.

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