Researching Canadian Soldiers of the First World War
Part 3: Court Martial Records
By Michael O'Leary; The Regimental Rogue
While it may not be the best news to discover that your ancestor was court martialled during the First World War, it does present an advantage to researching the soldier's wartime experiences. Like the service records, court martial files have survived the threats of bureaucratic house-cleaning and are available through Library and Archives Canada (LAC). These records can be ordered, similar to service records, through the LAC website starting with the Courts-Martial of the First World War database.
Even if you don't think your ancestor was court martialled, and there's no mention in his service record, it is still a worthwhile exercise to confirm with searches by name and service number.
The introduction page at the Library and Archives Canada Courts-Martial of the First World War database.
Searching for a soldier in the Courts Martial data base may be done by name, regimental (service) number, or unit. The soldier's service number, if not already known from the Soldiers of the First World War (1914-1918) database, can be found on any surviving documents you might have, such as a discharge certificate, or it can be found on the back or bottom edge of his medals if you have them.
The search form at the Library and Archives Canada Courts-Martial of the First World War database.
Searches of the Court Martial database may also be made using the asterisk as a wildcard character, for example searching for "Curr*" to find both "Currie and "Curry".
An example of results returned when searching on a surname with widcard (Curr*).
Once an individual record is found, the details for that database record will include the file reference for ordering the court martial file. These instructions are reproduced below:
An example of an individual record in the Courts martial database (Private William George Curran).
Military offences were identified by 'AA' for Army Act, followed by a number indicating the specific section of the Act under which the service person was charged. Some of these sections are summarized below:
- Offences in Respect of Military Service
- Section 4: the most serious military crimes, including deserting one's post, convincing a superior officer to surrender, throwing away one's arms in the presence of the enemy, assisting the enemy, corresponding with the enemy, or showing cowardice in the face of the enemy.
- Section 5: disobeying orders, failing to rejoin His Majesty's Forces after being released from an enemy prisoner of war camp, and spreading rumours that might cause fear and alarm amongst the troops.
- Section 6: a wide range of crimes including plundering, leaving one's post without orders, physically attacking another soldier, stealing from civilians; revealing secret passwords, being drunk at one's posts and making false alarms about attacks.
- Mutiny and Insubordination
- Section 7: leading and taking part in a mutiny, and refusing to report soldiers who were planning to mutiny.
- Section 8: striking or threatening a superior officer.
- Section 9: disobeying lawful orders from a superior officer.
- Section 10: resisting arrest.
- Section 11: refusing to obey a general order.
- Desertion, Fraudulent Enlistment, and Absence Without Leave
- Section 12: deserting or encouraging others to desert.
- Section 13: fraudulently enlisting in the forces, for example by lying about one's age.
- Section 14: assisting a person to desert, and failing to report a person whom one knew intended to desert.
- Section 15: being absent without leave.
- Section 16: behaving in a scandalous manner, unbecoming the character of an officer and a gentleman.
- Section 17: the fraudulent use of public or regimental funds.
- Section 18: "malingering", pretending to be ill or deliberately injuring yourself.
- Section 19: drunkenness.
- Offences in Relation to Persons in Custody
- Section 20: officers and men who had been given the task of guarding prisoners. Such men could be charged for releasing a prisoner without the proper authority; or allowing a prisoner to escape.
- Section 21: unnecessarily detaining someone without bringing his or her case to the proper authorities for investigation or trial.
- Section 22: attempting to escape from custody.
- Offences in Relation to Property
- Section 23: fraudulently selling government property or extracting exorbitant prices for goods and services.
- Section 24: selling, pawning, losing, or destroying arms, equipment, decorations and other public property as well as "ill-treating a horse used in the public service."
- Offences in Relation to False Documents and Statements
- Section 25: knowingly altering or making false statements on official documents.
- Section 26: falsely filling out documents or refusing to complete reports relating to arms, ammunition and equipment.
- Section 27: making false statements about the character of another officer or soldier and making false statements about one's own military career.
- Offences in Relation to Courts Martial
- Section 28: making false statements or refusing to answer questions on the witness stand, refusing to take an oath in court, refusing to produce documents when asked to do so by the court, and insulting or disrupting the court.
- Section 29: knowingly giving false evidence in court.
- Offences in Relation to Billeting
- Section 30: "billeting", the practice of soldiers' lodging in private homes while on active service. Service men and women could be charged for mistreating, threatening or refusing to pay householders for billeting troops.
- Offences in Relation to Impressment of Carriages
- Section 31: offences that occurred when service men forced civilians to hand over their horses and carriages without proper compensation.
- Offences in Relation to Enlistment
- Section 32: re-enlisting in the forces without declaring that one had been previously discharged in disgrace.
- Section 33: making false statements on an attestation paper.
- Section 34: helping a person to enlist fraudulently.
- Miscellaneous Military Offences
- Section 35: using traitorous or disloyal words against the sovereign.
- Section 36: disclosing the location of forces, bases or operations to the enemy.
- Section 37: stated that officers could be charged for striking or ill-treating soldiers, while both soldiers and officers could be charged for refusing to repay advances on their pay.
- Section 38: fighting, or assisting in a duel, and attempting to commit suicide.
- Section 39: refusing to help the civil authorities take custody of a service person who was accused of a crime.
- Section 40: acting to the prejudice of good order and military discipline.
- Section 41: courts martial could try soldiers for treason, murder, rape, manslaughter and a number of other civil offences when they occurred more than one hundred miles away from the nearest civilian court.
- Section 155: selling a promotion in His Majesty's Forces.
With the details for the individual record, files may be ordered using the same system as for service records. These instructions are reproduced below:
How to View the Microfilm or Order a Copy
Once you have located a person, you may wish to view the microfilm. There are several options:
As for service records, files will cost 40 cents per page plus postage. Once the LAC has your order, either by letter, facsimile or through their on-line ordering system, it can take four to six weeks to receive the records. (This time can increase if they are backlogged, as they can be around Remembrance Day or other times when people's interest in researching their soldiers ancestors is piqued. Ordering a digital copy may reduce your wait time.
Court martial files can be 12-40 pages, depnding on how many witnesses were heard and how much testimony was recorded. They will include all of the documents of the proceedings including witness statements as given to the court.
Part 4 - War Diaries and Unit Histories.
Researching Canadian Soldiers of the First World War