meni0n said:
So what happens if he doesn't show up for his duty? Charged for not being on duty while on leave?
This is a good question.
So I would see it playing out like this. Does not show up for duty. Charge occurs. Goes to a trial.
Why did you not show up for your duty on XX date?
Accused: Sir, I was on leave. I have a valid and signed CF-100 for the period I was to be on watch. I was XXX km away in another province and I was not recalled from leave in accordance with QR&O 16.01.
Did you know that you had military duties imposed upon you during the leave period.
Accused: Yes, sir it was annotated on my CF-100.
The question that will have to be resolved will be:
Does the annotation on the remarks column on the CF-100 subject a member on leave to serve while on leave?
--> if I was sitting the trial I would say no, you cannot subject someone on leave to service using the remarks box on the leave pass.
Was there a requirement of the CoC to issue leave passes in such a manner to ensure that the member was clearly on duty and not leave?
--> I would say yes.
Was there a requirement for the member to ensure that this matter was resolved prior to going on leave?
--> I would say yes. In fact, if they failed to do so, although you might not have been absent from your duties, you may have been negligent in the performance of your duties to ensure that the watch was not left unmanned.
I have never sat (or seen) a trial like this... just working through the process in the most cursory of manners.
It could get messy and will most likely end poorly for you inside or outside of the disciplinary process. Especially inside of the summary trial process.
MC