Legal Question in Criminal Law in Canada

Re: Arrested in Canada

No; and when he doesn't show up for duty, he'll be classified as AWOL, or worse. He should contact his CO and advise of the situation to avoid being classified as 'deserter'. He should contact the base legal officer and seek advice and assistance. He should hire local counsel to deal with the charges. The sooner he deals with the charges and gets released to return to duty, the better.

Re: Arrested in Canada

No. In fact, it probably has an obligation not to.

Your son's case will be handled according to Canadian law. He may be eligible for bail, but even if he is he may be required to stay in the country while his case is pending. If that is the case, then the army would be violating Canadian law by bringing him back to the U.S.

Like the rest of us, active-duty military personnel who enter another country must obey its laws. If they don't, they are subject to that country's legal system. It is not the military's role to intervene.

Fwiw, the army probably wouldn't bail your son out even if he were arrested in the U.S.