victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. (victime)
unit means an individual body of the Canadian Forces that is organized as such pursuant to section 17, with the personnel and materiel thereof; (unité)
unfit to stand trial means unable on account of mental disorder to conduct a defence at any stage of a trial by court martial before a finding is made or to instruct counsel to do so, and in particular, unable on account of mental disorder to
terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code; (groupe terroriste)
terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code; (activité terroriste)
terrorism offence means
superior officer means any officer or non-commissioned member who, in relation to any other officer or non-commissioned member, is by this Act, or by regulations or custom of the service, authorized to give a lawful command to that other officer or non-commissioned member; (supérieur)
summary trial[Repealed, 2019, c. 15, s. 2]
summary hearing means a hearing conducted under section 163; (audience sommaire)
special force means such component of the Canadian Forces as may be established pursuant to subsection 16(1); (force spéciale)
service tribunal[Repealed, 2019, c. 15, s. 2]
service prisoner means a person who is under a sentence that includes a punishment of imprisonment for less than two years imposed on that person pursuant to the Code of Service Discipline; (prisonnier militaire)
service prison means a place designated as such under subsection 205(1); (prison militaire)
service offence means an offence under this Act, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline; (infraction d’ordre militaire)
service infraction means a service infraction created by regulations made by the Governor in Council; (manquement d’ordre militaire)
service detainee means a person who is under a sentence that includes a punishment of detention imposed on that person pursuant to the Code of Service Discipline; (détenu militaire)
service custody means the holding under arrest or in confinement of a person by the Canadian Forces, and includes confinement in a service prison or detention barrack; (garde militaire)
service convict means a person who is under a sentence that includes a punishment of imprisonment for life or for two years or more imposed on that person pursuant to the Code of Service Discipline; (condamné militaire)
serious personal injury offence means
serious offence means an offence under this Act or an indictable offence under any other Act of Parliament, for which the maximum punishment is imprisonment for five years or more, or an offence that is prescribed by regulation under subsection 467.1(4) of the Criminal Code; (infraction grave)
scale of punishments means the scale of punishments as set out in subsection 139(1); (échelle des peines)
reserve force means the component of the Canadian Forces that is referred to in subsection 15(3); (force de réserve)
release means the termination of the service of an officer or non-commissioned member in any manner; (libération)
regular force means the component of the Canadian Forces that is referred to in subsection 15(1); (force régulière)
public property means all money and property of Her Majesty in right of Canada; (biens publics)
Provost Marshal[Repealed, 2013, c. 24, s. 2]
possession[Repealed, 1995, c. 39, s. 175]
personal equipment means all materiel issued to an officer or non-commissioned member for the personal wear or other personal use of that officer or non-commissioned member; (équipement personnel)
penitentiary
officer means
non-public property means
non-commissioned member means any person, other than an officer, who is enrolled in, or who pursuant to law is attached or seconded otherwise than as an officer to, the Canadian Forces; (militaire du rang)
mutiny means collective insubordination or a combination of two or more persons in the resistance of lawful authority in any of Her Majesty’s Forces or in any forces cooperating therewith; (mutinerie)
Minister means the Minister of National Defence; (ministre)
military police means the officers and non-commissioned members appointed under regulations made for the purposes of section 156; (police militaire)
military justice system participant means a person who plays a role in the administration of military justice, including
military justice means all aspects of the application of the Code of Service Discipline; (justice militaire)
military judge includes a reserve force military judge; (juge militaire)
military shall be construed as relating to all or any part of the Canadian Forces; (militaire)
mental disorder means a disease of the mind; (troubles mentaux)
materiel means all public property, other than real property, immovables and money, provided for the Canadian Forces or for any other purpose under this Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided; (matériels)
man[Repealed, R.S., 1985, c. 31 (1st Supp.), s. 42]
intimate partner has the same meaning as in section 2 of the Criminal Code; (partenaire intime)
Her Majesty’s Forces means the armed forces of Her Majesty wherever raised, and includes the Canadian Forces; (forces de Sa Majesté)
Her Majesty’s Canadian Ship means any vessel of the Canadian Forces commissioned as a vessel of war; (navire canadien de Sa Majesté)
Grievances Committee means the Military Grievances External Review Committee continued by subsection 29.16(1); (Comité des griefs)
Grievance Board[Repealed, 2013, c. 24, s. 2]
finding of not responsible on account of mental disorder means a finding made under subsection 202.14(1); (verdict de non-responsabilité pour cause de troubles mentaux)
enrol means to cause any person to become a member of the Canadian Forces; (Version anglaise seulement)
enemy includes armed mutineers, armed rebels, armed rioters and pirates; (ennemi)
emergency means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended; (état d’urgence)
detention barrack means a place designated as such under subsection 205(1); (caserne disciplinaire)
Deputy Minister means the Deputy Minister of National Defence; (sous-ministre)
Department means the Department of National Defence; (ministère)
defence establishment means any area or structure under the control of the Minister, and the materiel and other things situated in or on any such area or structure; (établissement de défense)
criminal organization offence means
criminal organization has the same meaning as in subsection 467.1(1) of the Criminal Code; (organisation criminelle)
Court Martial Appeal Court means the Court Martial Appeal Court of Canada established by section 234; (Cour d’appel de la cour martiale)
court martial includes a General Court Martial and a Standing Court Martial; (cour martiale)
Code of Service Discipline means the provisions of Part III; (code de discipline militaire)
civil prison means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined, and, if sentenced outside Canada, any prison, jail or other place in which a person, sentenced to that term of imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being be confined; (prison civile)
civil custody means the holding under arrest or in confinement of a person by the police or other competent civil authority, and includes confinement in a penitentiary or civil prison; (garde civile)
civil court means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; (tribunal civil)
aircraft material means engines, fittings, armament, ammunition, bombs, missiles, gear, instruments and apparatus, used or intended for use in connection with aircraft or the operation thereof, and components and accessories of aircraft and substances used to provide motive power or lubrication for or in connection with aircraft or the operation thereof; (matériel aéronautique)
aircraft means flying machines and guided missiles that derive their lift in flight chiefly from aerodynamic forces, and flying devices that are supported chiefly by their buoyancy in air, and includes any aeroplane, balloon, kite balloon, airship, glider or kite; (aéronef)
a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction d’organisation criminelle)
an offence under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or
a person who acts under the supervision of the Chief Military Judge or the Court Martial Administrator; (personne associée au système de justice militaire)
a commanding officer of a service prison or detention barrack and a person who acts under the supervision of such a commanding officer, and
an officer and non-commissioned member referred to in paragraph (g) of the definition peace officer in section 2 of the Criminal Code,
a prospective witness, a witness who has been summoned to appear and a witness who has testified,
an officer and non-commissioned member who is authorized to lay or refer a charge,
an officer and non-commissioned member who is appointed by a commanding officer for the purpose of supporting a court martial,
a member of a panel of a General Court Martial and an officer and non-commissioned member who has been appointed to be a member of a such a panel,
a custody review officer, as defined in section 153,
a superior commander, a commanding officer and a delegated officer, as defined in section 162.3,
a military judge,
a prosecutor and counsel for an accused person,
an officer and non-commissioned member who acts under the supervision of the Judge Advocate General,
the Judge Advocate General,
the Minister,
all money and property derived from, purchased out of the proceeds of the sale of, or received in exchange for, money and property described in paragraphs (a) to (c); (biens non publics)
by-products and refuse and the proceeds of the sale thereof to the extent prescribed under subsection 39(2), and
all money and property contributed to or by officers, non-commissioned members, units or other elements of the Canadian Forces for the collective benefit and welfare of those officers, non-commissioned members, units or other elements,
all money and property, other than issues of materiel, received for or administered by or through messes, institutes or canteens of the Canadian Forces,
any person who pursuant to law is attached or seconded as an officer to the Canadian Forces; (officier)
a person who holds the rank of officer cadet in the Canadian Forces, and
a person who holds Her Majesty’s commission in the Canadian Forces,
means, in any place outside Canada where there is no prison or place for the confinement of persons sentenced to imprisonment for life or for two years or more, a civil prison; (pénitencier)
includes, in respect of any punishment of imprisonment for life or for two years or more imposed outside Canada pursuant to the Code of Service Discipline, any prison or place in which a person sentenced to imprisonment for life or for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can for the time being be confined, and
means a penitentiary established under Part I of the Corrections and Conditional Release Act,
conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person, or
conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person, or
the use or attempted use of violence against the other person, or
the use or attempted use of violence against another person, or
an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 171.1, 172, 172.1, 172.2, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence; (infraction grave contre la personne)
a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving any of the following in respect of another person, including the accused person’s intimate partner, a member of the intimate partner’s family and a member of the accused person’s family:
a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c); (infraction de terrorisme)
an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, where the act or omission constituting the offence also constitutes a terrorist activity, or
an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, that is committed for the benefit of, at the direction of or in association with a terrorist group,
an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code,
communicate with counsel; (inaptitude à subir son procès)
understand the possible consequences of the proceedings, or
understand the nature or object of the proceedings,
For the purposes of the Code of Service Discipline and Part VII,
An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
An individual is not a victim in relation to a service offence, or entitled to exercise a victim’s rights under Division 1.1 of Part III, if the individual is charged with the offence, found guilty of the offence or found unfit to stand trial or not responsible on account of mental disorder in respect of the offence.
Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81:
In this Act,
an individual who has in law or fact custody of, or is responsible for the care or support of, a dependant of the victim; and
an individual who has in law or fact custody of, or is responsible for the care or support of, the victim, and
a relative or dependant of the victim,
the individual who is, or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,
the victim’s spouse or the individual who was at the time of the victim’s death their spouse,
if, for operational reasons, the victim is unable to act on their own behalf and has requested the appointment of a member of the Canadian Forces to act on their behalf, a member appointed by the Chief of the Defence Staff or any officer authorized by the Chief of Defence Staff.
if the victim is dead or is incapable, other than for operational reasons, of acting on their own behalf,
has it in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or of another person; and
has it in the actual possession or custody of another person, or
where one of two or more persons, with the knowledge and consent of the rest, has anything in the person’s custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
a person has anything in possession when the person has it in the person’s personal possession or knowingly
research relating to the defence of Canada and to the development of and improvements in materiel.
the construction and maintenance of all defence establishments and works for the defence of Canada; and
The Judge Advocate General holds a rank that is not less than brigadier-general.
The Judge Advocate General acts as legal adviser to the Governor General, the Minister, the Department and the Canadian Forces in matters relating to military law.
The Judge Advocate General is eligible to be re-appointed on the expiry of a first or subsequent term of office.
The Judge Advocate General holds office during pleasure for a term not exceeding four years.
The Governor in Council may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Judge Advocate General of the Canadian Forces.
The Judge Advocate General shall conduct, or cause to be conducted, regular reviews of the administration of military justice.
The Judge Advocate General has the superintendence of the administration of military justice in the Canadian Forces.
The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
The Judge Advocate General shall report annually to the Minister on the administration of military justice in the Canadian Forces.
The Judge Advocate General is responsible to the Minister in the performance of the Judge Advocate General’s duties and functions.
For greater certainty, section 9.1 is not in derogation of the authority of the Minister of Justice and Attorney General of Canada under the Department of Justice Act.
Regulations made under paragraph (3)(a) may, if they so provide, have retroactive effect. However, regulations that prescribe the rates and conditions of issue of pay of military judges may not have effect
The Treasury Board may make regulations
Subject to section 13 and any regulations made by the Governor in Council, the Minister may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect.
The Governor in Council may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect.
providing for any matter concerning the pay, allowances and reimbursement of expenses of officers and non-commissioned members for which the Treasury Board considers regulations are necessary or desirable to carry out the purposes or provisions of this Act.
prescribing the forfeitures and deductions to which the pay and allowances of officers and non-commissioned members are subject; and
prescribing the rates and conditions of issue of pay of military judges, the Director of Military Prosecutions and the Director of Defence Counsel Services;
in the case of an inquiry under section 165.35, before the day on which the inquiry that leads to the making of the regulations commences.
in the case of an inquiry under section 165.34, before the day referred to in subsection 165.34(3) on which the inquiry that leads to the making of the regulations is to commence; or
The Governor in Council may make regulations, to be known as the Military Police Professional Code of Conduct, to govern the conduct of members of the military police.
The maximum numbers of officers and non-commissioned members in the reserve force shall be as authorized by the Governor in Council, and the reserve force shall include such units and other elements as are embodied therein.
There shall be a component of the Canadian Forces, called the reserve force, that consists of officers and non-commissioned members who are enrolled for other than continuing, full-time military service when not on active service.
The maximum numbers of officers and non-commissioned members in the regular force shall be as authorized by the Governor in Council, and the regular force shall include such units and other elements as are embodied therein.
There shall be a component of the Canadian Forces, called the regular force, that consists of officers and non-commissioned members who are enrolled for continuing, full-time military service.
officers and non-commissioned members not of the regular force or the reserve force who are enrolled in the special force for continuing, full-time military service.
officers and non-commissioned members of the reserve force who, being on active service or having applied and been accepted for continuing, full-time military service, are placed in the special force under conditions prescribed in regulations; and
officers and non-commissioned members of the regular force who are placed in the special force under conditions prescribed in regulations;
The maximum numbers of officers and non-commissioned members in the special force shall be as authorized by the Governor in Council, and the special force shall include such units and other elements as are embodied therein.
In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of
other elements.
units; and
formations;
commands, including the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force;
A unit or other element organized under subsection (1), other than a command or a formation, shall from time to time be embodied in a component of the Canadian Forces as directed by or under the authority of the Minister.
The Canadian Forces shall consist of those of the following elements that are from time to time organized by or under the authority of the Minister:
The Provost Marshal shall, within three months after the end of each fiscal year, submit to the Chief of the Defence Staff a report concerning the activities of the Provost Marshal and the military police during the year. The Chief of the Defence Staff shall submit the report to the Minister.
The Provost Marshal’s responsibilities include
In the event of the absence or incapacity of the Chief of the Defence Staff, the Vice Chief of the Defence Staff, or any other officer that is specified by the Minister or the Chief of the Defence Staff, has the control and administration of the Canadian Forces.
There shall be an officer appointed by the Chief of the Defence Staff to be the Vice Chief of the Defence Staff.
Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Forces that are required to give effect to the decisions and to carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff.
The Governor in Council may appoint an officer to be the Chief of the Defence Staff, who shall hold such rank as the Governor in Council may prescribe and who shall, subject to the regulations and under the direction of the Minister, be charged with the control and administration of the Canadian Forces.
The Provost Marshal is eligible to be reappointed on the expiry of a first or subsequent term of office.
An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to
The Provost Marshal holds office during good behaviour for a term not exceeding four years. The Chief of the Defence Staff may remove the Provost Marshal from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council.
The Provost Marshal holds a rank that is not less than colonel.
The Chief of the Defence Staff may appoint an officer who has been a member of the military police for at least 10 years to be the Canadian Forces Provost Marshal (in this Act referred to as the “Provost Marshal”).
all other matters necessary or proper for the due exercise of its jurisdiction.
the enforcement of its orders; and
the production and inspection of documents;
the attendance, swearing and examination of witnesses;
investigations in respect of conduct that is inconsistent with the professional standards applicable to the military police or the Military Police Professional Code of Conduct.
the establishment of training and professional standards applicable to the military police and the ensuring of compliance with those standards; and
the establishment of selection and training standards applicable to candidates for the military police and the ensuring of compliance with those standards;
investigations conducted by any unit or other element under his or her command;
Subsection (4) does not apply in respect of an instruction or guideline, or of a part of one, if the Provost Marshal considers that it would not be in the best interests of the administration of justice for the instruction or guideline, or that part of it, to be available to the public.
The Provost Marshal shall ensure that instructions and guidelines issued under subsection (3) are available to the public.
The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation.
The Vice Chief of the Defence Staff may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal shall ensure that they are available to the public.
The Provost Marshal acts under the general supervision of the Vice Chief of the Defence Staff in respect of the responsibilities described in paragraphs 18.4(a) to (d).
A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person.
Persons shall be enrolled as officer cadets or as non-commissioned members for indefinite or fixed periods of service as may be prescribed in regulations made by the Governor in Council.
Commissions of officers in the Canadian Forces shall be granted by Her Majesty during pleasure.
A person holding a rank set out in the schedule shall use, or be referred to by, a designation of rank prescribed in regulations made by the Governor in Council but only in the circumstances prescribed in those regulations.
For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in the schedule.
Oaths and declarations required on enrolment shall be taken and subscribed before commissioned officers or justices of the peace and shall be in such forms as may be prescribed in regulations.
The enrolment of a person binds the person to serve in the Canadian Forces until the person is, in accordance with regulations, lawfully released.
The commanding officer of a person who claims to be released on the ground of not having been enrolled or re-engaged, or not having been regularly enrolled or re-engaged, shall forthwith forward the claim to the authority having power to effect the release and the person, if entitled to be released, shall be released with all convenient speed.
A person who is, by virtue of subsection (1), deemed to be an officer or non-commissioned member and who claims to be released within three months after the date of commencement of the pay and establishes the error or irregularity referred to in that subsection shall, except when on active service or during an emergency, be released.
A person who, although erroneously or irregularly enrolled or re-engaged, has received pay as an officer or non-commissioned member of that component of the Canadian Forces in which the person was so enrolled or re-engaged, is deemed to be an officer or non-commissioned member, as the case may be, regularly enrolled or re-engaged, and is not, except as provided in subsection (2), entitled to be released on the ground of the error or irregularity.
Despite subsection 29.1(1), a grievance submitted by a military judge shall be considered and determined by the Chief of the Defence Staff.
No criminal or civil proceedings lie against any member of the Grievances Committee, or against any person acting on its behalf, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Grievances Committee.
Documents and things presented to the Grievances Committee at a hearing shall, on request, be returned to the person who presented them within a reasonable time after the Grievances Committee has provided its findings and recommendations to the Chief of the Defence Staff.
Travel and living expenses incurred in appearing before the Grievances Committee shall, in the discretion of the Grievances Committee, be paid, in accordance with applicable Treasury Board directives, to the officer or non-commissioned member whose grievance is being heard, and to that person’s assisting officer or counsel, if the Grievances Committee holds a hearing at a place in Canada that is not their ordinary place of residence.
The Grievances Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.
The Grievances Committee has, in relation to the review of a grievance referred to it, the power
The head office of the Grievances Committee shall be at the place in Canada designated by the Governor in Council.
A decision of a final authority in the grievance process is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.
The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit.
Notwithstanding subsection (4), any error discovered as a result of an investigation of a grievance may be corrected, even if correction of the error would have an adverse effect on the officer or non-commissioned member.
An officer or non-commissioned member may not be penalized for exercising the right to submit a grievance.
A grievance must be submitted in the manner and in accordance with the conditions prescribed in regulations made by the Governor in Council.
A military judge may not submit a grievance in respect of a matter that is related to the exercise of his or her judicial duties.
There is no right to grieve in respect of
An officer or non-commissioned member who has been aggrieved by any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under this Act is entitled to submit a grievance.
a matter or case prescribed by the Governor in Council in regulations.
a decision of a board, commission, court or tribunal established other than under this Act; or
a decision of a court martial or the Court Martial Appeal Court;
The regulations may provide that different types of grievances may be considered and determined by different authorities.
The initial authority and subsequent authorities who may consider and determine grievances are the authorities designated in regulations made by the Governor in Council.
When referring a grievance to the Grievances Committee, the Chief of the Defence Staff shall provide the Grievances Committee with a copy of
The Chief of the Defence Staff shall refer every grievance that is of a type prescribed in regulations made by the Governor in Council, and every grievance submitted by a military judge, to the Grievances Committee for its findings and recommendations before the Chief of the Defence Staff considers and determines the grievance. The Chief of the Defence Staff may refer any other grievance to the Grievances Committee.
any other information under the control of the Canadian Forces that is relevant to the grievance.
any decision made by an authority in respect of the grievance; and
the written submissions made to each authority in the grievance process by the officer or non-commissioned member presenting the grievance;
The Chief of the Defence Staff shall provide reasons for his or her decision in respect of a grievance if
The Chief of the Defence Staff is not bound by any finding or recommendation of the Grievances Committee.
the grievance was submitted by a military judge.
the Chief of the Defence Staff does not act on a finding or recommendation of the Grievances Committee; or
a grievance submitted by a military judge may not be delegated.
a grievance submitted by an officer may be delegated only to an officer of equal or higher rank; and
The Chief of the Defence Staff may not delegate the power to delegate under subsection (1).
An officer who is placed in a real, apparent or potential conflict of interest as a result of a delegation may not act as final authority in respect of the grievance and shall advise the Chief of the Defence Staff in writing without delay.
The Chief of the Defence Staff may delegate any of his or her powers, duties or functions as final authority in the grievance process to an officer who is directly responsible to the Chief of the Defence Staff, except that
Every member shall, before commencing the duties of office, take the following oath of office:
An officer or a non-commissioned member who is appointed as a member of the Grievances Committee shall be seconded to the Grievances Committee in accordance with section 27.
Members who are not officers or non-commissioned members are deemed
Members who are not officers or non-commissioned members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.
Members who are not officers or non-commissioned members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.
Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.
Full-time members shall devote the whole of their time to the performance of their duties under this Act.
A member is eligible to be re-appointed on the expiry of a first or subsequent term of office.
Each member holds office during good behaviour for a term not exceeding four years but may be removed by the Governor in Council for cause.
The Chairperson and one Vice-Chairperson are each full-time members and the other members may be appointed as full-time or part-time members.
The Canadian Forces Grievance Board is continued as the Military Grievances External Review Committee, consisting of a Chairperson, at least two Vice-Chairpersons and any other members appointed by the Governor in Council that are required to allow it to perform its functions.
to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
to be employees for the purposes of the Government Employees Compensation Act; and
to be employed in the public service for the purposes of the Public Service Superannuation Act;
The Chairperson may delegate to a Vice-Chairperson any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 29.28(1).
In the event of the absence or incapacity of the Chairperson or if that office is vacant, the Minister may authorize a Vice-Chairperson to exercise the powers and perform the duties and functions of the Chairperson.
The Chairperson is the chief executive officer of the Grievances Committee and has supervision over and direction of its work and staff.
The Grievances Committee may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Grievances Committee in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.
The employees that are necessary for the proper conduct of the work of the Grievances Committee shall be appointed in accordance with the Public Service Employment Act.
The Grievances Committee shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
The Grievances Committee shall review every grievance referred to it by the Chief of the Defence Staff and provide its findings and recommendations in writing to the Chief of the Defence Staff and the officer or non-commissioned member who submitted the grievance.
to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not.
to administer oaths; and
to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it;
No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.
No witness shall be excused from answering any question relating to a grievance before the Grievances Committee when required to do so by the Grievances Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.
the performance of the duties and functions of the Grievances Committee.
the apportionment of the work of the Grievances Committee among its members and the assignment of members to review grievances; and
the manner of dealing with grievances referred to the Grievances Committee, including the conduct of investigations and hearings by the Grievances Committee;
A hearing of the Grievances Committee is to be held in private, unless the Chairperson, having regard to the interests of the persons participating in the hearing and the interest of the public, directs that the hearing or any part of it be held in public.
The Chairperson may make rules respecting
The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the activities of the Grievances Committee during that year and its recommendations, if any.
Subject to regulations made by the Governor in Council, where
Where the term of service for which an officer or non-commissioned member is enrolled or re-engaged expires during an emergency or when the officer or non-commissioned member is on active service or within one year after the expiration of an emergency or after he has ceased to be on active service, the officer or non-commissioned member is liable to serve until the expiration of one year after the emergency has ceased to exist or after he has ceased to be on active service, as the case may be.
Except as may be prescribed in regulations made by the Governor in Council, any period during which an officer or non-commissioned member is in a state of desertion or is absent without leave shall not be reckoned toward the completion of the term of service for which that officer or non-commissioned member was enrolled or re-engaged.
Except during an emergency, an officer or non-commissioned member who is not on active service is entitled to be released at the expiration of the term of service for which the officer or non-commissioned member is enrolled or re-engaged.
the sentence or finding ceases to have force and effect as a result of a decision of a competent authority,
an officer or non-commissioned member has been released from the Canadian Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a court martial or any civil court, and
in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.
in consequence of any action undertaken by Canada under the United Nations Charter; or
by reason of an emergency, for the defence of Canada;
An officer or non-commissioned member who
The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so
pursuant to law has been attached or seconded to a portion of a force that has been placed on active service,
has been placed on active service, or
is a member of, serving with, or attached or seconded to, a component, unit or other element of the Canadian Forces that has been placed on active service,
In this section, duty means any duty that is military in nature and includes any duty involving public service authorized under section 273.6.
Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.
The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof
The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty.
may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.
may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and
The payments that may be made to officers and non-commissioned members by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their service shall be determined and regulated by the Treasury Board.
The rates and conditions of issue of pay of officers and non-commissioned members, other than military judges, shall be established by the Treasury Board.
Where, by reason of a substantial reduction in the number of officers and non-commissioned members serving in a unit or other element of the Canadian Forces or by reason of a change in the location or other conditions of service of a unit or other element, the Chief of the Defence Staff considers it desirable to do so, he may direct that the non-public property or any part thereof that is vested in the officer in command of that unit or other element shall pass to and be vested in the Chief of the Defence Staff on the terms set out in subsection (2).
The non-public property of every disbanded unit or other disbanded element of the Canadian Forces vested in the officer in command of that unit or other element shall pass to and vest in the Chief of the Defence Staff, and may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants.
The non-public property of a unit or other element of the Canadian Forces shall vest in the officer from time to time in command of that unit or other element, and shall be used for the benefit of officers and non-commissioned members or for any other purpose approved by the Chief of the Defence Staff in the manner and to the extent authorized by the Chief of the Defence Staff.
Except as authorized by the Chief of the Defence Staff, no gift, sale or other alienation or attempted alienation of non-public property is effectual to pass the property therein.
By-products and refuse derived from rations and other consumable stores issued to the Canadian Forces for use in service kitchens, and the proceeds of the sale thereof, shall, to the extent that the Governor in Council may prescribe, be non-public property.
Non-public property acquired by contribution but not contributed to any specific unit or other element of the Canadian Forces shall vest in the Chief of the Defence Staff and, subject to any specific directions by the contributor as to its disposal, may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants.
The Financial Administration Act does not apply to non-public property.
Non-public property accounts shall be audited as the Minister may from time to time direct.
The Chief of the Defence Staff shall exercise his authority under subsections 38(1) and (2) and 39(1) subject to any directions that may be given to him by the Minister for carrying the purposes and provisions of this section and sections 38 to 40 into effect.
For the purposes of this section, but subject to any exceptions prescribed in regulations made by the Governor in Council, service estate means the following parts of the estate of a deceased officer or non-commissioned member mentioned in subsection (1):
The service estates of officers and non-commissioned members who die during their service in the Canadian Forces may be collected, administered and distributed in whole or in part as prescribed in regulations made by the Governor in Council.
in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada.
personal or movable property, including cash, found on the deceased person or on a defence establishment or otherwise in the care or custody of the Canadian Forces; and
personal equipment that the deceased person is, under regulations, permitted to retain;
all other emoluments emanating from Her Majesty that, at the date of death, are due or otherwise payable;
service pay and allowances;
For greater certainty, a board of inquiry may have access to an on-board recording, as defined in subsection 22(1) of the Aeronautics Act, only if it is made available under that Act.
A board of inquiry has, in relation to the matter before it, power
The Minister, and such other authorities as the Minister may prescribe or appoint for that purpose, may, where it is expedient that the Minister or any such other authority should be informed on any matter connected with the government, discipline, administration or functions of the Canadian Forces or affecting any officer or non-commissioned member, convene a board of inquiry for the purpose of investigating and reporting on that matter.
to examine any record and make any inquiry that the board considers necessary.
to receive and accept, on oath or by affidavit or otherwise, any evidence and other information the board sees fit, whether or not the evidence or information is or would be admissible in a court of law; and
to administer oaths;
to summon any person before the board and compel the person to give oral or written evidence on oath and to produce any documents and things under the person’s control that it considers necessary for the full investigation and consideration of that matter;
No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.
No witness shall be excused from answering any question relating to a matter before a board of inquiry when required to do so by the board of inquiry on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.
The cadet organizations referred to in subsection (1) are not comprised in the Canadian Forces.
The cadet organizations referred to in subsection (1) shall be trained for such periods, administered in such manner and provided with materiel and accommodation under such conditions, and shall be subject to the authority and command of such officers, as the Minister may direct.
The Minister may authorize the formation of cadet organizations under the control and supervision of the Canadian Forces to consist of persons of not less than twelve years of age who have not attained the age of nineteen years.
The institutions referred to in subsection (1) shall be governed and administered in the manner prescribed by the Minister.
The Governor in Council, and any other authorities that are prescribed or appointed by the Governor in Council for that purpose, may in the interests of national defence establish institutions for the training and education of officers and non-commissioned members, officers and employees of the Department, candidates for enrolment in the Canadian Forces or for employment in the Department and other persons whose attendance has been authorized by or on behalf of the Minister.
The Minister may authorize the provision of accommodation, materiel and facilities for the training, practice and use of the associations and organizations mentioned in subsection (1) and other associations and organizations designed to further the defence of Canada, whether or not the members of such associations and organizations are officers or non-commissioned members.
The Governor in Council may establish associations and organizations for purposes designed to further the defence of Canada.
Notwithstanding subsections (1) and (2), all regulations and all orders and instructions referred to in those subsections shall be held to be sufficiently notified to any person whom they may concern by their publication in the Canada Gazette.
All regulations and all orders and instructions relating to or in any way affecting an officer or non-commissioned member of the reserve force who is not serving with a unit or other element shall, when sent to the officer or non-commissioned member by registered mail, addressed to the latest known place of abode or business of the officer or non-commissioned member, be held to be sufficiently notified.
All regulations and all orders and instructions issued to the Canadian Forces shall be held to be sufficiently notified to any person whom they may concern by their publication, in the manner prescribed in regulations made by the Governor in Council, in the unit or other element in which that person is serving.
A signature affixed in accordance with subsection (1) is as valid and effectual as if it were in the handwriting of the Governor General, and neither its authenticity nor the authority of the person by whom it was affixed shall be called in question, except on behalf of Her Majesty.
The Governor General may cause the signature of the Governor General to be affixed to a commission granted to an officer of the Canadian Forces by stamping the signature on the commission with a stamp approved by, and used for the purpose by authority of, the Governor General.
For greater certainty, the behaviour of persons who are subject to the Code of Service Discipline relates to the discipline, efficiency and morale of the Canadian Forces even when those persons are not on duty, in uniform or on a defence establishment.
The purpose of the Code of Service Discipline is to maintain the discipline, efficiency and morale of the Canadian Forces.
a person, not otherwise subject to the Code of Service Discipline, while serving with the Canadian Forces under an engagement with the Minister whereby the person agreed to be subject to that Code.
a person, not otherwise subject to the Code of Service Discipline, who, in respect of any service offence committed or alleged to have been committed by the person, is in civil custody or in service custody; and
an alleged spy for the enemy;
subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person attending an institution established under section 47;
a person, not otherwise subject to the Code of Service Discipline, who accompanies any unit or other element of the Canadian Forces that is on service or active service in any place;
a person, not otherwise subject to the Code of Service Discipline, who is serving in the position of an officer or non-commissioned member of any force raised and maintained outside Canada by Her Majesty in right of Canada and commanded by an officer of the Canadian Forces;
subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person who, pursuant to law or pursuant to an agreement between Canada and the state in whose armed forces the person is serving, is attached or seconded as an officer or non-commissioned member to the Canadian Forces;
an officer or non-commissioned member of the reserve force when the officer or non-commissioned member is
an officer or non-commissioned member of the special force;
an officer or non-commissioned member of the regular force;
present, whether in uniform or not, at any drill or training of a unit or other element of the Canadian Forces;
in or on any vessel, vehicle or aircraft of the Canadian Forces or in or on any defence establishment or work for defence,
placed on active service,
called out on service,
called out under Part VI in aid of the civil power,
serving with any unit or other element of the regular force or the special force, or
[Repealed, 1998, c. 35, s. 19]
on duty,
in uniform,
undergoing drill or training, whether in uniform or not,
Every person who, since allegedly committing a service offence, has ceased to be a person described in subsection (1), shall for the purposes of the Code of Service Discipline be deemed, for the period during which under that Code he is liable to be charged, dealt with and tried, to have the same status and rank that he held immediately before so ceasing to be a person described in subsection (1).
Every person subject to the Code of Service Discipline under subsection (1) at the time of the alleged commission by the person of a service offence continues to be liable to be charged, dealt with and tried in respect of that offence under the Code of Service Discipline notwithstanding that the person may have, since the commission of that offence, ceased to be a person described in subsection (1).
The following persons are subject to the Code of Service Discipline:
is embarked on a vessel or aircraft of that unit or other element.
is a dependant outside Canada of an officer or non-commissioned member serving beyond Canada with that unit or other element; or
is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or at any place designated by the Governor in Council;
participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster or warlike operations;
A person described in subsection (2) who holds, from the commanding officer of the unit or other element of the Canadian Forces that the person accompanies or from any other officer prescribed by the Minister for that purpose, a certificate entitling the person to be treated on the footing of an officer, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, shall be treated as an officer in respect of any offence alleged to have been committed by the person while holding that certificate.
Subject to subsection (3), every person mentioned in paragraph 60(1)(f) who, while accompanying any unit or other element of the Canadian Forces, is alleged to have committed a service offence, shall be treated as a non-commissioned member.
For the purposes of this section and sections 60, 62 and 65, but subject to any limitations prescribed by the Governor in Council, a person accompanies a unit or other element of the Canadian Forces that is on service or active service if the person
Every person described in paragraph 60(1)(i) who is alleged to have committed, during the currency of the imprisonment or detention of that person, a service offence shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the service prison or detention barrack, as the case may be, in which that person is imprisoned or detained.
Every person described in paragraph 60(1)(h) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that may be holding the person in custody from time to time.
Every person to whom subsection 61(2) or (3) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person accompanies.
Every person to whom subsection (1) or (2) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces in which that person is serving.
Where the terms of the agreement under which a person described in subsection (1) was engaged entitle the person to be treated as an officer, the person shall be treated as an officer.
Subject to subsection (2), every person mentioned in paragraph 60(1)(j) who, while serving with the Canadian Forces, is alleged to have committed a service offence shall be treated as a non-commissioned member.
Nothing in subsection (1) shall be construed as requiring any person described therein to bear arms or to participate in any active operations against the enemy.
Every person subject to the Code of Service Discipline by virtue of paragraph 60(1)(f), (g), (i) or (j) shall, for the purposes of preparation, practice or execution of any plan, arrangement or manoeuvre for the defence or evacuation of any area in the event of attack, be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person is accompanying or with which the person is serving or is in attendance and, for those purposes, the commanding officer shall be deemed to be a superior officer of the person.
has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions.
has been found not guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence; or
A person who, under section 194, has been sentenced in respect of a service offence admitted by that person may not be tried by a court martial or civil court in respect of that offence.
Nothing in subsection (1) affects the validity of a new trial held under section 249 or a new trial directed by a court having jurisdiction to do so.
A person may not be tried or tried again in respect of an offence or any other substantially similar offence arising out of the facts that gave rise to the offence if, while subject to the Code of Service Discipline in respect of that offence, or if, while liable to be charged, dealt with and tried under the Code in respect of that offence, the person
Despite subsection (1), if the service offence is punishable under section 130 or 132 and the act or omission that constitutes the service offence would have been subject to a limitation period had it been dealt with other than under the Code, then that limitation period applies.
A person who is subject to the Code of Service Discipline at the time of the alleged commission of a service offence may be charged, dealt with and tried at any time under the Code.
[Repealed, 1998, c. 35, s. 22]
an offence under any of sections 280 to 283 of the Criminal Code.
manslaughter; or
murder;
The appropriate authorities in the military justice system, including the ones referred to in section 71.041, shall ensure that information about the rights of victims under this Division is made readily available.
The authorities in the military justice system from which victims have a right to receive the information referred to in sections 71.02 to 71.04 include
Every victim has the right to information about the protection measures available to them in the military justice system.
No appeal lies from any decision or order solely on the grounds that a right under this Division has been infringed or denied.
No cause of action or right to damages arises from an infringement or denial of a right under this Division. For greater certainty, nothing in this section is to be construed as affecting any other cause of action or right to damages.
Nothing in this Division is to be construed as granting to, or removing from, any victim, any individual acting on behalf of a victim or any victim’s liaison officer the status of a party, intervenor or observer in any proceedings.
Nothing in this Division is to be construed so as to permit any individual to
To the extent that it is possible to do so, every Act of Parliament enacted — and every order, rule or regulation made under such an Act — before, on or after the day on which this Division comes into force is to be construed and applied in a manner that is compatible with the rights provided for under this Division.
This Division is to be construed and applied in a manner that is reasonable in the circumstances and in a manner that is not likely to
Every victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender.
Every victim has the right to have the court martial consider making a restitution order against the offender.
Every victim has the right to have taken into consideration their interest in a timely trial and the timely resolution of matters relating to the service offence.
Every victim has the right to present a victim impact statement to the appropriate authorities in the military justice system and to have it considered.
Every victim has the right to be treated with respect, courtesy, compassion and fairness by the appropriate authorities in the military justice system.
Every victim has the right to request testimonial aids when appearing as a witness in proceedings relating to the service offence.
Every victim, if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence, has the right to
Every victim has the right to have their privacy considered by the appropriate authorities in the military justice system.
Every victim has the right to have reasonable and necessary measures taken by the appropriate authorities in the military justice system to protect the victim from intimidation and retaliation.
Every victim has the right to have their security considered by the appropriate authorities in the military justice system.
Every victim has the right to information about
No adverse inference is to be drawn against a person who is charged with a service offence from the fact that an individual has been identified as a victim in relation to the service offence.
Every victim has the right to information about
Every victim has the right to convey their views about decisions to be made by appropriate authorities in the military justice system that affect the victim’s rights under this Division and to have those views considered.
For the purposes of this Division, military justice system means
the proceedings of a court martial or a Review Board, as defined in section 197, in respect of an accused person who is found unfit to stand trial or not responsible on account of mental disorder.
the process for the carrying out of punishments in relation to service offences, except in respect of any service prisoners and service convicts who have been committed to a penitentiary or civil prison; and
the investigation of service offences, the processes for the laying and referral of charges of service offences and their prosecution;
their rights under this Division.
their right to file a complaint for an infringement or denial of any of their rights under this Division; and
the services and programs available to them as a victim;
the military justice system and the role of victims in it;
the location of proceedings in relation to the offence, when they will take place and their progress and outcome.
the status and outcome of the investigation into the service offence; and
hearings held by a Review Board under section 202.25 and the dispositions made at those hearings.
hearings held for the purpose of making dispositions under any of sections 201, 202 and 202.16 and the dispositions made at those hearings; and
hearings held under section 202.161 to decide whether the accused person is a high-risk accused and the dispositions made at those hearings; and
the release of the offender from a service prison or detention barrack;
the offender while they are in a service prison or detention barrack;
Information may be disclosed for the purposes of paragraphs (1)(a) and (b) subject to and in accordance with regulations made by the Governor in Council.
Every victim has the right to information about
a commanding officer, including the commanding officer of a service prison or detention barrack.
the Provost Marshal; and
the Director of Military Prosecutions;
be informed of their right to apply to revoke or vary an order made to protect their identity.
be informed when an order is made to protect their identity; and
request that their identity be protected;
be asked whether they wish to have their identity protected;
while the accused person is, in relation to the offence, under the jurisdiction of a court martial or a Review Board, as defined in section 197, if they are found unfit to stand trial or not responsible on account of mental disorder.
while the offender is serving a punishment in relation to the offence, unless the offender is a service prisoner or service convict who has been committed to a penitentiary or civil prison; and
while the offence is being investigated or prosecuted or the charge is being referred;
For the purpose of subsection (1), if an offence is reported to the appropriate authorities in the military justice system, the investigation of the offence is deemed to begin at the time of the reporting.
This Division applies in respect of a victim of a service offence in their interactions with the military justice system
A victim is entitled to exercise their rights under this Division only if
The rights of victims under this Division are to be exercised through the mechanisms provided by law.
they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
they are present in Canada; or
Assistance by a victim’s liaison officer consists of
In the event of the absence or incapacity of the victim’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons.
Unless he or she is of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the victim to be their liaison officer.
obtaining and transmitting to the victim information relating to a service offence that the victim has requested and to which the victim has a right under this Division.
explaining to the victim the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and
by causing interference with prosecutorial discretion or by causing excessive delay in, compromising or hindering the prosecution of any service offence;
by causing interference with charge laying discretion in respect of any service offence, or by causing excessive delay in, compromising or hindering the laying or referral of a charge in respect of any service offence, and
by causing interference with investigative discretion or by causing excessive delay in, compromising or hindering the investigation of any service offence,
cause injury to international relations, national defence or national security.
endanger the life or safety of any individual; or
interfere with the discretion that may be exercised by any person or body authorized to release an accused person or offender into the community;
interfere with ministerial discretion in respect of any service offence;
interfere with the proper administration of military justice, including
Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act, the Privacy Act and the Canadian Victims Bill of Rights and in respect of any orders, rules and regulations made under any of those Acts.
If, after the application of sections 71.17 and 71.18, there is any inconsistency between any provision of this Division and any provision of any Act, order, rule or regulation referred to in section 71.18, the provision of this Division prevails to the extent of the inconsistency.
delay any extradition proceedings or prevent the extradition of any person to or from Canada.
delay any removal proceedings or prevent the enforcement of any removal order; or
enter Canada or remain in Canada beyond the end of the period for which they are authorized to so remain;
Regulations made by the Governor in Council may, among other things, provide for
Every victim who is of the opinion that any of their rights under this Division have been infringed or denied by an authority within the military justice system has the right to file a complaint in accordance with regulations made by the Governor in Council.
the obligation to notify victims of the result of those reviews and of any recommendations that were made.
the power to make recommendations to remedy such infringements and denials; and
the review of complaints involving alleged infringements or denials of rights under this Division;
counsels or procures any person to commit it.
abets any person in committing it; or
does or omits to do anything for the purpose of aiding any person to commit it;
actually commits it;
The fact that a person is ignorant of the provisions of this Act, or of any regulations or of any order or instruction duly notified under this Act, is no excuse for any offence committed by the person.
All rules and principles that are followed from time to time in the civil courts and that would render any circumstance a justification or excuse for any act or omission or a defence to any charge are applicable in any proceedings under the Code of Service Discipline.
Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to and guilty of that offence.
Every person who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence, whether or not it was possible under the circumstances to commit the offence.
Every person is a party to and guilty of an offence who
when in action, improperly forsakes his station,
improperly fails to relieve or assist a known friend to the utmost of his power, or
improperly fails to pursue an enemy or to consolidate a position gained,
being in action, improperly withdraws from the action,
when capable of making a successful defence, surrenders his vessel, aircraft, defence establishment, materiel, unit or other element of the Canadian Forces to the enemy,
being in action, does not, during the action, in the officer’s own person and according to the rank of the officer, encourage his officers and non-commissioned members to fight courageously,
when under orders to carry out an operation of war or on coming into contact with an enemy that it is the duty of the officer to engage, does not use his utmost exertion to bring the officers and non-commissioned members under his command or his vessel, aircraft or other materiel into action,
does or omits to do anything with intent to imperil the success of any of Her Majesty’s Forces or of any forces cooperating therewith,
behaves before the enemy in such manner as to show cowardice, or
when on watch in the presence or vicinity of the enemy, leaves his post before he is regularly relieved or sleeps or is drunk,
improperly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of materiel,
improperly casts away or abandons any materiel in the presence of the enemy,
assists the enemy with materiel,
improperly abandons or delivers up any defence establishment, garrison, place, materiel, post or guard,
when ordered to carry out an operation of war, fails to use his utmost exertion to carry the orders into effect,
goes over to the enemy,
improperly delays or discourages any action against the enemy,
does or omits to do anything with intent to prejudice the security of any of Her Majesty’s Forces or of any forces cooperating therewith,
forces a safeguard or forces or strikes a sentinel, or
when acting as sentry or lookout, leaves his post before he is regularly relieved or sleeps or is drunk,
improperly occasions false alarms,
without authority alters or interferes with any identification or other signal,
gives a parole, watchword, password, countersign or identification signal different from that which he received,
makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it,
without authority discloses in any manner whatever any information relating to a cryptographic system, aid, process, procedure, publication or document of any of Her Majesty’s Forces or of any forces cooperating therewith,
without authority discloses in any manner whatever any information relating to the numbers, position, materiel, movements, preparations for movements, operations or preparations for operations of any of Her Majesty’s Forces or of any forces cooperating therewith,
improperly holds communication with or gives intelligence to the enemy,
having been made a prisoner of war, serves with or aids the enemy,
having been made a prisoner of war, fails to rejoin Her Majesty’s service when able to do so, or
by want of due precaution, or through disobedience of orders or wilful neglect of duty, is made a prisoner of war,
takes otherwise than for the public service any money or property abandoned by the enemy,
steals any money or property that has been left exposed or unprotected in consequence of warlike operations, or
steals from, or with intent to steal searches, the person of any person killed or wounded, in the course of warlike operations,
commits any offence against the property or person of any inhabitant or resident of a country in which he is serving,
breaks into any house or other place in search of plunder,
without orders from the person’s superior officer, improperly destroys or damages any property,
irregularly appropriates to the unit or other element of the Canadian Forces with which the person is serving any materiel being conveyed to any other unit or element of Her Majesty’s Forces or of any forces cooperating therewith,
irregularly detains any materiel being conveyed to any unit or other element of Her Majesty’s Forces or of any forces cooperating therewith,
does violence to any person bringing materiel to any of Her Majesty’s Forces or to any forces cooperating therewith,
being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof,
being present, does not use his utmost endeavours to suppress a mutiny, or
endeavours to persuade any person to join in a mutiny,
causes or conspires with any other person to cause a mutiny,
uses provoking speeches or gestures toward a person so subject that tend to cause a quarrel or disturbance,
quarrels or fights with any other person who is subject to the Code of Service Discipline, or
strikes or uses or offers violence to any such officer,
refuses to obey an officer, though of inferior rank, who orders the person into arrest, or
breaks out of barracks, station, camp, quarters or ship,
resists an escort whose duty it is to apprehend him or to have him in charge, or
strikes or uses or offers violence to any other person in whose custody he is placed, whether or not that other person is his superior officer and whether or not that other person is subject to the Code of Service Discipline,
being concerned in a quarrel, fray or disorder,
A person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of remaining absent from his place of duty.
A person deserts who
Every person who deserts or attempts to desert is guilty of an offence and on conviction, if the person committed the offence on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.
while absent with authority from his place of duty, with the intention of remaining absent from his place of duty, does any act or omits to do anything the natural and probable consequence of which act or omission is to preclude the person from being at his place of duty at the time required.
is absent without authority from his place of duty and at any time during such absence forms the intention of remaining absent from his place of duty; or
absents himself without authority from his place of duty with the intention of remaining absent from his place of duty;
having been warned that his vessel is under sailing orders, is absent without authority with the intention of missing that vessel;
being on or having been warned for active service, duty during an emergency or other important service, is absent without authority with the intention of avoiding that service;
fails to take any steps in his power to cause the apprehension of a person whom he knows, or has reasonable grounds to believe, to be a deserter,
being aware of the desertion or intended desertion of a person from any of Her Majesty’s Forces, does not without reasonable excuse inform his superior officer forthwith, or
A person absents himself without leave who
Every person who absents himself without leave is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
having been authorized to be absent from his place of duty, fails to return to his place of duty at the expiration of the period for which the absence of that person was authorized.
without authority is absent from his place of duty; or
without authority leaves his place of duty;
when seeking redress under section 29, knowingly makes a false statement affecting the character of an officer or non-commissioned member or knowingly, in respect of the redress so sought, suppresses any material fact
makes a false accusation against an officer or non-commissioned member, knowing the accusation to be false, or
For the purposes of subsection (1), the offence of drunkenness is committed where a person, owing to the influence of alcohol or a drug,
Drunkenness is an offence and every person convicted thereof is liable to imprisonment for less than two years or to less punishment, except that, where the offence is committed by a non-commissioned member who is not on active service or on duty or who has not been warned for duty, no punishment of imprisonment, and no punishment of detention for a term in excess of ninety days, shall be imposed.
behaves in a disorderly manner or in a manner likely to bring discredit on Her Majesty’s service.
is unfit to be entrusted with any duty that the person is or may be required to perform; or
wilfully maims or injures himself or any other person who is a member of any of Her Majesty’s Forces or of any forces cooperating therewith, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,
aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or
malingers or feigns or produces disease or infirmity,
assists any person in escaping or in attempting to escape from custody,
negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or
without authority sets free or authorizes or otherwise facilitates the setting free of any person in custody,
Every person who, without lawful excuse, fails to comply with a condition imposed under this Division or Division 3 or 8, or a condition of an undertaking given under Division 3 or 10, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
when called on, refuses or neglects to assist an officer or non-commissioned member in the performance of any such duty
resists or wilfully obstructs an officer or non-commissioned member in the performance of any duty pertaining to the arrest, custody or confinement of a person subject to the Code of Service Discipline, or
For the purposes of this section, every person of whatever rank shall, when the person is in a ship, be under the command, in respect of all matters relating to the navigation or handling of the ship or affecting the safety of the ship, of the captain of the ship, whether or not the captain is subject to the Code of Service Discipline.
Every person who, when in a ship, disobeys any lawful command given by the captain of the ship in relation to the navigation or handling of the ship or affecting the safety of the ship, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
during a state of war wilfully or negligently causes the sequestration by or under the authority of a neutral state or the destruction in a neutral state of any of Her Majesty’s aircraft or of aircraft of any forces cooperating with Her Majesty’s Forces,
wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission results or is likely to result in damage to or destruction or loss of any of Her Majesty’s aircraft or aircraft material or of aircraft or aircraft material of any forces cooperating with Her Majesty’s Forces, or
in the use of or in relation to any aircraft or aircraft material, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause loss of life or bodily injury to any person,
For the purposes of this section,
Every person who, when in an aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
if the aircraft is a glider and is being towed by another aircraft, the captain of the glider shall, so long as the glider is being towed, be under the command, in respect of all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether or not the captain of the towing aircraft is subject to the Code of Service Discipline.
every person of whatever rank shall, when the person is in an aircraft, be under the command, in respect of all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether or not the captain is subject to the Code of Service Discipline; and
having charge of a vehicle of the Canadian Forces, knowingly permits it to be driven by a person whose ability to drive such a vehicle is impaired by alcohol or a drug,
while the person’s ability to drive a vehicle of the Canadian Forces is impaired by alcohol or a drug, drives or attempts to drive such a vehicle, whether it is in motion or not, or
drives a vehicle of the Canadian Forces recklessly or in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or, having charge of and being in or on such a vehicle, causes or by wilful neglect permits it to be so driven,
For the purposes of paragraph (1)(b), a person who occupies the seat ordinarily occupied by a driver of a vehicle shall be deemed to have attempted to drive the vehicle, unless that person establishes that he did not enter or mount the vehicle for the purpose of setting it in motion.
Every person who
uses a vehicle of the Canadian Forces contrary to any regulation, order or instruction,
without authority uses a vehicle of the Canadian Forces for any purpose, or
uses a vehicle of the Canadian Forces for an unauthorized purpose,
Every inanimate thing that is the property of any person and that either is or may be made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order that it may be stolen.
For the purposes of this section,
Every person who steals is guilty of an offence and on conviction, if by reason of the person’s rank, appointment or employment or as a result of any lawful command the person, at the time of the commission of the offence, was entrusted with the custody, control or distribution of the thing stolen, is liable to imprisonment for a term not exceeding fourteen years or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding seven years or to less punishment.
to deal with it in such a manner that it cannot be restored in the condition in which it was at the time when it was taken and converted;
to part with it under a condition with respect to its return that the person who parts with it may be unable to perform, or
to pledge it or deposit it as security,
to deprive, temporarily or absolutely, the owner of it or a person who has a special property or interest in it, of the thing or of that property or interest,
it is immaterial whether the thing converted was taken for the purpose of conversion, or whether it was, at the time of the conversion, in the lawful possession of the person who converts it.
the taking or conversion may be fraudulent, although effected without secrecy or attempt at concealment; and
stealing is committed when the offender moves the thing or causes it to move or to be moved, or begins to cause it to become movable, with intent to steal it;
stealing is the act of fraudulently and without colour of right taking, or fraudulently and without colour of right converting to the use of any person, any thing capable of being stolen, with intent
sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration granted by or with the approval of Her Majesty,
wilfully destroys, damages or improperly sells any property belonging to another person who is subject to the Code of Service Discipline, or
wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any public property, non-public property or property of any of Her Majesty’s Forces or of any forces cooperating therewith,
commits any act of a fraudulent nature not particularly specified in sections 73 to 128,
being in command of a vessel or aircraft, takes or receives on board goods or merchandise that he is not authorized to take or receive on board, or
demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care,
receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to any of Her Majesty’s Forces, or to any forces cooperating therewith or to any mess, institute or canteen operated for the use and benefit of members of those forces,
improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,
connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Canadian Forces,
Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who
For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.
commits any other contempt of a tribunal
uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or
refuses when a witness to answer any question to which a tribunal may lawfully require an answer,
refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,
refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,
being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance,
Every person who, without reasonable excuse, fails to comply with an order made under section 203.73 is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding two years or to less punishment.
A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it.
The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination.
In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse.
Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse.
Every person who, without reasonable excuse, fails to comply with an order made under subsection 196.14(4) or 196.24(4) of this Act or subsection 487.051(4) or 487.055(3.11) of the Criminal Code, or with a summons referred to in subsection 487.055(4) or 487.091(3) of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
fails to comply with regulations in respect of payment of the just demands of the person on whom he or any officer or non-commissioned member under his command is or has been billeted or the occupant of premises on which materiel is or has been accommodated,
ill-treats, by violence, extortion or making disturbance in billets or otherwise, any occupant of a house in which any person is billeted or of any premises in which accommodation for materiel has been provided, or
furnishes any false information or false document,
makes a false answer to any question set out in any document required to be completed, or
with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any military or departmental purpose,
when signing a document required for official purposes, leaves in blank any material part for which the signature is a voucher, or
wilfully or negligently makes a false statement or entry in a document made or signed by that person and required for official purposes or who, being aware of the falsity of a statement or entry in a document so required, orders the making or signing thereof,
The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection.
No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention.
Nothing in subsection (2) or (3) affects the generality of subsection (1).
An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline.
An act or omission constituting an offence under section 72 or a contravention by any person of
Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
any general, garrison, unit, station, standing, local or other orders,
any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or
any of the provisions of this Act,
that takes place outside Canada and would, if it had taken place in Canada, be punishable under Part VII, the Criminal Code or any other Act of Parliament,
that takes place in Canada and is punishable under Part VII, the Criminal Code or any other Act of Parliament, or
Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 129 and to impose the punishment for that offence described in the section prescribing that offence.
All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under paragraph (2)(a) or subparagraph (2)(b)(i).
Subject to subsection (3), if a court martial convicts a person under subsection (1), it shall,
An act or omission
committed outside Canada under section 235 of the Criminal Code,
committed in Canada under Part VII, the Criminal Code or any other Act of Parliament and for which a minimum punishment is prescribed, or
in any other case,
if the conviction was in respect of an offence
impose dismissal with disgrace from Her Majesty’s service or less punishment.
impose the punishment prescribed for the offence by Part VII, the Criminal Code or that other Act, or
Where an act or omission constituting an offence under subsection (1) contravenes the customs laws applicable in the place where the offence was committed, any officer appointed under the regulations for the purposes of this section may seize and detain any goods by means of or in relation to which the officer believes on reasonable grounds that the offence was committed and, if any person is convicted of the offence under subsection (1), the goods may, in accordance with regulations made by the Governor in Council, be forfeited to Her Majesty and may be disposed of as provided by those regulations.
Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 130 and to impose the punishment for that offence described in the section prescribing that offence.
All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under subsection (2).
Subject to subsection (3), where a court martial finds a person guilty of an offence under subsection (1), the court martial shall impose the punishment in the scale of punishments that it considers appropriate, having regard to the punishment prescribed by the law applicable in the place where the act or omission occurred and the punishment prescribed for the same or a similar offence in this Act, the Criminal Code or any other Act of Parliament.
An act or omission that takes place outside Canada and would, under the law applicable in the place where the act or omission occurred, be an offence if committed by a person subject to that law is an offence under this Division, and every person who is found guilty thereof is liable to suffer punishment as provided in subsection (2).
A person charged with attempting to desert may be found guilty of being absent without leave.
A person charged with desertion may be found guilty of attempting to desert or of being absent without leave.
A person charged with any one of the offences prescribed in section 85 may be found guilty of any other offence prescribed in that section.
A person charged with any one of the offences prescribed in section 84 may be found guilty of any other offence prescribed in that section.
[Repealed, 2019, c. 15, s. 11]
[Repealed, 2019, c. 15, s. 11]
If the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused person may be found guilty of the attempt.
the difference between the facts proved and the facts alleged in the statement of particulars has not prejudiced the accused person in their defence.
the facts proved in respect of an offence being tried by it differ materially from the facts alleged in the statement of particulars but are sufficient to establish the commission of the offence charged; and
minor punishments.
fine; and
reprimand;
severe reprimand;
forfeiture of seniority;
reduction in rank;
detention;
dismissal from Her Majesty’s service;
imprisonment for less than two years;
dismissal with disgrace from Her Majesty’s service;
imprisonment for two years or more;
imprisonment for life;
Where a punishment for an offence is specified by the Code of Service Discipline and it is further provided in the alternative that on conviction the offender is liable to less punishment, the expression less punishment means any one or more of the punishments lower in the scale of punishments than the specified punishment.
The following punishments may be imposed in respect of service offences and each of those punishments is a punishment less than every punishment preceding it:
[Repealed, 2013, c. 24, s. 19]
[Repealed, 2013, c. 24, s. 19]
Where a court martial imposes a punishment of imprisonment on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of reduction in rank, that may be
Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty’s service.
Where a court martial imposes a punishment of imprisonment for life or for two years or more on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal with disgrace from Her Majesty’s service or a punishment of dismissal from Her Majesty’s service.
in the case of a non-commissioned member, to the lowest rank to which under the regulations the non-commissioned member can be reduced.
in the case of an officer, to the lowest commissioned rank; and
A person on whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out is not, except in an emergency or unless that punishment is subsequently set aside or altered, eligible to serve Her Majesty again in any military or civil capacity.
A punishment of dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service is deemed to be carried out as of the date on which the release of an officer or a non-commissioned member from the Canadian Forces is effected.
If a court martial imposes a punishment of dismissal with disgrace from Her Majesty’s service on an officer or non-commissioned member, it may, in addition, despite any other provision of this Division, impose a punishment of imprisonment for less than two years.
no officer may be sentenced to detention.
detention may not exceed ninety days and a person sentenced to detention may not be subject to detention for more than ninety days consecutively by reason of more than one conviction; and
A non-commissioned member above the rank of private who is sentenced to detention is deemed to be reduced to the rank of private until the sentence of detention is completed.
The punishment of detention is subject to the following conditions:
The punishment of reduction in rank does not
The punishment of reduction in rank applies to officers above the rank of second lieutenant and to non-commissioned members above the rank of private.
in the case of a commissioned officer, involve reduction to a rank lower than commissioned rank.
involve reduction to a rank lower than that to which under regulations the offender can be reduced; and
The terms of payment of a fine may be varied by the military judge who imposed the fine or a military judge designated by the Chief Military Judge.
The terms of payment of a fine are in the discretion of the court martial that imposes the fine.
A fine must be imposed in a stated amount.
A judgment that is entered under this section is enforceable in the same manner as if it were a judgment obtained by the Minister in civil proceedings.
If an offender is in default of payment of a fine, the Minister may, in addition to any other method provided by law for recovering the fine, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in any court in Canada that has jurisdiction to enter a judgment for that amount.
Where the Minister is, on application for an order under this section, satisfied that a person, other than the person against whom an order under subsection 147.1(1) was made,
Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by an order made under subsection 147.1(1) and issued to a person against whom the order is made is, on the commencement of the order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.
A court martial that makes an order under subsection 147.1(1) may, in the order, require the offender against whom the order is made to surrender to a member of the military police or to the offender’s commanding officer
an offence that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code.
an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act; or
an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance;
an offence in the commission of which violence against a person was used, threatened or attempted;
A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order.
Unless it specifies otherwise, an order made under subsection (1) does not prohibit an officer or a non-commissioned member from possessing any thing necessary for the performance of their duties.
An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order.
If a court martial considers it desirable, in the interests of the safety of an offender or of any other person, it shall — in addition to any other punishment that may be imposed for the offence — make an order prohibiting the offender from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, on convicting or discharging absolutely the offender of
every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the offender on the commencement of the order.
any thing the possession of which is prohibited by the order that is in the possession of the offender on the commencement of the order; and
Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Minister directs.
Unless an order made under subsection 147.1(1) specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person against whom the order is made is forfeited to Her Majesty.
had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the order was made,
is the owner of any thing that is or may be forfeited to Her Majesty under subsection 147.3(1) and is lawfully entitled to possess it, and
Every decision of a commanding officer to make or not make an order under subsection (3) must be reviewed as soon as feasible by a military judge. The military judge may, at the conclusion of the review, amend any order that was made and, if none was made, make any order under that subsection.
If, for operational reasons, no military judge is available, the information may be laid before a commanding officer and, if it is so laid, that commanding officer has all the powers of a military judge that are set out in subsection (3).
The military judge may, if satisfied by the evidence that there are reasonable grounds for the victim’s fears, order that the person who is subject to the Code of Service Discipline and who is referred to in the information
The military judge who receives the information shall cause the parties to appear before the military judge, either in person or otherwise.
An information may, in accordance with regulations made by the Governor in Council, be laid before a military judge by or on behalf of any victim who fears on reasonable grounds that a person who is subject to the Code of Service Discipline will cause physical or emotional harm to the victim, to the victim’s spouse, to a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, or to the victim’s child or will cause damage to the victim’s property.
the victim’s child;
a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year,
the victim’s spouse,
the victim,
comply with any other condition specified in the order that the military judge considers necessary.
refrain from going to any place specified in the order; or
abstain from communicating, directly or indirectly, with any of the following individuals who are specified in the order:
that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served.
that the sentence be served intermittently at the times specified in the order; and
If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may
On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge.
If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise.
An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions.
A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order
vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit.
revoke the order made under subsection (1) and order that the offender serve the sentence on consecutive days; or
[Repealed before coming into force, 2005, c. 22, s. 47]
Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity.
Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.
if it is not practical for an officer referred to in paragraph (a) to act as the custody review officer, the officer who is the commanding officer of the unit or element where the person is in custody or an officer who is designated by that officer. (officier réviseur)
the officer who is the person’s commanding officer, or an officer who is designated by that officer; or
designated offence means
custody review officer, in respect of a person in custody, means
an offence of conspiring to commit an offence under any subsection referred to in subparagraph (ii);
an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
listed in section 469 of the Criminal Code,
an offence under this Act that is a terrorism offence. (infraction désignée)
an offence under this Act that is a criminal organization offence; or
an offence under this Act for which a punishment higher in the scale of punishments than imprisonment for less than two years may be awarded that is alleged to have been committed while at large after having been released in respect of another offence pursuant to the provisions of this Division or Division 10;
an offence under this Act where the minimum punishment is imprisonment for life;
an offence that is punishable under section 130 that is
Every person authorized to effect arrest under this Division may use such force as is reasonably necessary for that purpose.
Every person who has committed, is found committing or is believed on reasonable grounds to have committed a service offence, or who is charged with having committed a service offence, may be placed under arrest.
any officer of higher rank who is engaged in a quarrel, fray or disorder.
any officer of equal or lower rank; and
any non-commissioned member;
Every person who is not an officer or non-commissioned member but who was subject to the Code of Service Discipline at the time of the alleged commission by that person of a service offence may, without a warrant, be arrested or ordered to be arrested by such person as any commanding officer may designate for that purpose.
Unless ordered to do so by a superior officer, an officer or non-commissioned member shall not order the arrest of a person, nor arrest a person, without a warrant for an offence that is not a serious offence if:
A non-commissioned member may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of
An officer may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of
any non-commissioned member of equal or higher rank who is engaged in a quarrel, fray or disorder.
any non-commissioned member of lower rank; and
prevent the continuation or repetition of the offence or the commission of another offence; and
secure or preserve evidence of or relating to the offence, and
establish the person’s identity,
they have no reasonable grounds to believe that, if the person is not so arrested, the person will fail to attend before a court martial in order to be dealt with according to law.
they have reasonable grounds to believe that the public interest may be satisfied without so arresting the person, having regard to all the circumstances including the need to
exercise such other powers for carrying out the Code of Service Discipline as are prescribed in regulations made by the Governor in Council.
detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person’s rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and
A member of the military police shall not arrest a person without a warrant for an offence that is not a serious offence if paragraphs 155(2.1)(a) and (b) apply.
Officers and non-commissioned members who are appointed as members of the military police under regulations made for the purposes of this section may
is charged under this Act with having committed a service offence.
is believed on reasonable grounds to have committed a service offence; or
has committed a service offence;
Nothing in this section shall be deemed to be in derogation of the authority that any person, including an officer or non-commissioned member, may have under other sections of this Act or otherwise under the law of Canada to arrest any other person without a warrant.
In any warrant issued under this section, the offence in respect of which the warrant is issued shall be stated and the names of more persons than one in respect of the same offence, or several offences of the same nature, may be included.
An officer authorized to issue a warrant under this section shall not issue a warrant for the arrest of any person who is a member of, serving with, or attached or seconded to the same unit of the Canadian Forces as the officer.
An officer authorized to issue a warrant under this section shall not, unless the officer has certified on the face of the warrant that the exigencies of the service so require, issue a warrant for the arrest of any officer of rank higher than the rank held by the officer so authorized.
Subject to subsection (2), every commanding officer, and every officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing, may by a warrant under his or her hand authorize any person to arrest any person subject to the Code of Service Discipline who
the necessity to ensure the safety and security of the person under arrest, any victim of the offence, or any other person.
the need to prevent the continuation or repetition of the offence alleged to have been committed or the commission of any other offence; and
the need to ensure that the person under arrest will appear before a court martial or civil court to be dealt with according to law;
the need to secure or preserve evidence of or relating to the offence alleged to have been committed;
the need to establish the identity of the person under arrest;
the gravity of the offence alleged to have been committed;
If a custody review officer directs that a person be retained in custody, the custody review officer may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction except in accordance with any conditions specified in the direction that the officer considers necessary.
If a charge is not laid within seventy-two hours after the person in custody was arrested, the custody review officer shall determine why a charge has not been laid and reconsider whether it remains necessary to retain the person in custody.
Notwithstanding subsection 158.2(2) and section 158.3, if the person in custody is charged with having committed a designated offence, the custody review officer shall direct that the person be retained in custody.
If, at any time after receiving the report of custody and before the person in custody is brought before a military judge, the custody review officer no longer believes that the grounds to retain the person in custody exist, the custody review officer shall direct that the person be released from custody.
The person who commits a person under arrest to service custody shall, at the time of committal, deliver to the officer or non-commissioned member into whose custody the person under arrest is committed a signed account in writing setting out why the person under arrest is being committed to custody.
The officer or non-commissioned member in charge of a guard or a guard-room or a member of the military police shall receive and keep a person under arrest who is committed to their custody.
If an arrested person is to be retained in custody, the person shall be placed in service custody or civil custody. Such force as is reasonably necessary for the purpose may be used.
A person arrested under this Act shall, as soon as is practicable, be released from custody by the person making the arrest, unless the person making the arrest believes on reasonable grounds that it is necessary that the person under arrest be retained in custody having regard to all the circumstances, including
When the report of custody is delivered, it must be accompanied by the account in writing and any representations made by or on behalf of the person in custody or a statement confirming that the person was given the opportunity to make representations but did not do so.
Representations concerning release made by or on behalf of the person in custody must be reduced to writing or recorded by any other means.
Before the report of custody is delivered to the custody review officer,
The report of custody must set out the name of the person in custody, an account of the offence alleged to have been committed by that person so far as it is known and the name and rank, if any, of the person who committed the person into service custody.
The officer or non-commissioned member into whose custody a person under arrest is committed shall, as soon as practicable, and in any case within twenty-four hours after the arrest of the person committed to custody, deliver a report of custody, in writing, to the custody review officer.
the person in custody must be given the opportunity to make representations concerning the person’s release from custody.
a copy of the report and the account in writing must be provided to the person in custody; and
After reviewing the report of custody and the accompanying documents, the custody review officer shall direct that the person committed to custody be released immediately unless the officer believes on reasonable grounds that it is necessary that the person be retained in custody, having regard to all the circumstances, including those set out in subsection 158(1).
The custody review officer shall review the report of custody and the accompanying documents as soon as practicable after receiving them and in any case within forty-eight hours after the arrest of the person committed to custody.
comply with such other reasonable conditions as are specified.
abstain from communicating with any witness or specified person, or refrain from going to any specified place; and
remain within the confines of a specified defence establishment or at a location within a geographical area;
report at specified times to a specified military authority;
remain under military authority;
After giving a representative of the Canadian Forces and the released person an opportunity to be heard, the officer conducting the review may make any direction that a custody review officer may make under subsection (1). If he or she makes a direction, subsections (1.1) and (1.2) apply with any necessary modifications.
A direction to release a person with or without conditions may, on application, be reviewed by
The custody review officer shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it.
If the custody review officer directs that the person be released, with or without conditions, the custody review officer shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence.
The custody review officer may direct that the person be released without conditions or that the person be released and, as a condition of release, direct the person to comply with any of the following conditions:
if the custody review officer is a commanding officer, the next superior officer to whom the commanding officer is responsible in matters of discipline.
if the custody review officer is an officer designated by a commanding officer, that commanding officer; or
a direction that was made under this section.
a direction that was made under subsection 158.6(3); and
a direction that was reviewed under subsection 158.6(2);
If an application under this section has been heard, another application under this section may not be made with respect to the same person, except with leave of a military judge, before the expiry of 30 days from the day on which a decision was made in respect of the most recent application.
A military judge shall not direct that a condition, other than the condition of keeping the peace and being of good behaviour, be imposed unless counsel for the Canadian Forces shows cause why it is necessary that the condition be imposed.
A military judge may, on application by counsel for the Canadian Forces or by a person released with conditions and after giving counsel and the released person an opportunity to be heard, review any of the following directions and make any direction that a custody review officer may make under subsection 158.6(1):
A direction to retain a person in custody or impose conditions on their release is cancelled in the circumstances prescribed in regulations made by the Governor in Council.
If a military judge directs that a person be retained in custody, the military judge may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction, except in accordance with any conditions specified in the direction that the military judge considers necessary.
If the trial of a person who has been retained in custody has not commenced within ninety days after the day that person was last taken before a military judge, the Director of Military Prosecutions shall cause the person to be brought before a military judge to determine whether the continued retention of the person in custody is justified under section 159.2.
The military judge may adjourn the hearing on the military judge’s own motion or on application, but the adjournment may not be for more than three clear days except with the consent of the person in custody.
For the purposes of sections 159.1 and 159.3, the retention of a person in custody is only justified when one or more of the following grounds have been established to the satisfaction of the military judge:
When the person retained in custody is taken before a military judge, the military judge shall direct that the person be released from custody unless counsel for the Canadian Forces, or in the absence of counsel a person appointed by the custody review officer, shows cause why the continued retention of the person in custody is justified or why any other direction under this Division should be made.
In determining when it is practicable to cause the person to be taken before a military judge, the custody review officer may have regard to the constraints of military operations, including the location of the unit or element where the person is in custody and the circumstances under which it is deployed.
A custody review officer who does not direct the release of a person from custody shall, as soon as practicable, cause the person to be taken before a military judge for the purpose of a hearing to determine whether the person is to be retained in custody.
custody is necessary to maintain public trust in the administration of military justice, having regard to the circumstances including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment.
custody is necessary for the protection or the safety of the public, having regard to all the circumstances including any substantial likelihood that the person will, if released from custody, commit an offence or interfere with the administration of military justice; and
custody is necessary to ensure the person’s attendance before a court martial or civil court to be dealt with according to law;
If the person in custody shows cause why the person’s retention in custody is not justified, the military judge shall direct that the person be released from custody on giving any undertaking to comply with any of the conditions referred to in section 158.6 that the military judge considers appropriate, unless the person in custody shows cause why the giving of an undertaking is not justified.
Notwithstanding section 159.1, if the person in custody is charged with having committed a designated offence, the military judge shall direct that the person be retained in custody until dealt with according to law, unless the person shows cause why the person’s retention in custody is not justified.
The undertaking under which a person is released may be varied
The military judge may direct that the person be released without conditions or that the person be released on the giving of an undertaking to comply with any of the conditions referred to in section 158.6 that the military judge considers appropriate.
with the written consent of the person and the Director of Military Prosecutions.
by direction of a military judge on application with reasonable notice being given; or
In deciding whether to make the direction, the military judge shall take into account
The military judge may direct that the hearing be conducted wholly or in part by the means of a telecommunications device, including by telephone, if the military judge is satisfied that the benefit of a hearing by that device outweighs the potential prejudice to the person in custody of conducting a hearing by that device.
any other matter that the military judge considers relevant.
the time required to bring the person in custody and the person’s counsel before the military judge; and
the limitations of available telecommunications devices;
the availability of counsel for the Canadian Forces and the person in custody;
the circumstances under which the unit or element detaining the person in custody is deployed;
the gravity of the offence;
the location of the person in custody;
The military judge shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it.
If the military judge directs that a person be released, with or without conditions, the military judge shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence.
The military judge shall include in the minutes of any proceedings under this Division the reasons for any direction.
The provisions of this Division apply, with any modifications that the circumstances require, to any review under this section.
At any time before the commencement of a person’s trial, a judge of the Court Martial Appeal Court may, on application, review any direction of a military judge under this Division to release the person from custody with or without an undertaking or to retain the person in custody.
If the person is retained in custody or released from custody with conditions, a charge must be laid as expeditiously as the circumstances permit.
Proceedings against a person who is alleged to have committed a service offence or a service infraction are commenced by the laying of a charge in accordance with regulations made by the Governor in Council.
After a person is charged with having committed a service infraction, the charge must be referred, in accordance with regulations made by the Governor in Council, to an officer who is a commanding officer in respect of the person.
After a person is charged with having committed a service offence, the charge must be referred, in accordance with regulations made by the Governor in Council, to the Director of Military Prosecutions.
A commanding officer to whom a charge alleging the commission of a service infraction is referred under subsection 161.1(2) shall, taking into account the conditions set out in section 163,
A commanding officer may, subject to regulations made by the Governor in Council and to the extent that the commanding officer considers appropriate, delegate his or her power to conduct a summary hearing to any officer under his or her command.
In determining the sanction to be imposed against a person, a superior commander, commanding officer or delegated officer may take into account any indirect consequences of the finding that the person committed a service infraction, or of the sanction.
Sanctions must be imposed in accordance with the following other principles:
Sanctions must be proportionate to the gravity of the service infraction and the degree of responsibility of the person who committed it.
The imposition of sanctions is intended to achieve one or more of the following objectives:
The following sanctions may be imposed in respect of a service infraction, and each is a sanction less than every sanction preceding it:
A service infraction is not an offence under this Act.
Service infractions may be dealt with only by summary hearing.
The following definitions apply in this Division.
[Repealed, 2019, c. 15, s. 25]
[Repealed, 2019, c. 15, s. 25]
superior commander means an officer of or above the rank of colonel, or any other officer appointed by the Chief of the Defence Staff as a superior commander. (commandant supérieur)
scale of sanctions means the scale of sanctions set out in subsection 162.7. (échelle des sanctions)
delegated officer means an officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing. (officier délégué)
commanding officer, in respect of a person charged with having committed a service infraction, means an officer who is a commanding officer as defined in section 160. (commandant)
No answer given or statement made by a person at their summary hearing may be used or be receivable against them in any disciplinary, criminal or civil proceeding, other than at a hearing or proceeding in respect of an allegation that they gave the answer or made the statement knowing it to be false.
If a summary hearing has been conducted in respect of a service infraction that a person is alleged to have committed, the person may be charged, dealt with and tried in respect of an offence arising from the same facts, regardless of whether or not the person was found to have committed the service infraction.
If a person has been tried in respect of an offence, the person may not be charged with having committed a service infraction arising from the same facts, regardless of whether the person was found guilty or not guilty of the offence by a court martial, by a civil court or by a court of a foreign state.
minor sanctions prescribed in regulations made by the Governor in Council.
deprivation of pay, and of any allowance prescribed in regulations made by the Governor in Council, for not more than 18 days; and
reprimand;
severe reprimand;
reduction in rank;
The sanction of reduction in rank is not to involve
The sanction of reduction in rank applies to officers above the rank of second lieutenant and to non-commissioned members above the rank of private.
in the case of a commissioned officer, reduction to a rank lower than commissioned rank.
reduction to a rank lower than that to which the person who has committed a service infraction can be reduced under regulations; and
to promote a sense of responsibility in persons who have committed service infractions.
to assist in rehabilitating persons who have committed service infractions;
to deter persons from committing service infractions;
to denounce indisciplined conduct;
to maintain public trust in the Canadian Forces as a disciplined armed force;
to promote a habit of obedience to lawful commands and orders;
the commission of the service infraction resulted in harm to the conduct of a military operation or any military training;
the service infraction was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, or
the person, in committing the service infraction, abused their rank or other position of trust or authority,
a sanction should be the least severe sanction required to maintain the discipline, efficiency and morale of the Canadian Forces.
a sanction should be similar to sanctions imposed on persons for similar service infractions committed in similar circumstances; and
a sanction should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the commission of the service infraction or the person who committed it, and aggravating circumstances include evidence establishing that
refer the charge, subject to and in accordance with regulations made by the Governor in Council, to another commanding officer, a superior commander or a delegated officer.
decide to not proceed with the charge if, in his or her opinion, it should not be proceeded with; or
conduct a summary hearing in respect of the charge;
having regard to the interests of discipline, efficiency and morale of the Canadian Forces, it would be appropriate to conduct the hearing.
there are no reasonable grounds to believe that the person charged is unable on account of mental disorder to understand the nature, object or possible consequences of the proceedings; and
having regard to the gravity of the facts that gave rise to the charge, the powers of the superior commander, commanding officer or delegated officer to impose a sanction are adequate;
the person charged is an officer who is at least one rank below the rank of the superior commander, commanding officer or delegated officer, or is a non-commissioned member;
Every person alleged to have committed a service infraction may be charged under the Code of Service Discipline, regardless of whether the alleged service infraction was committed in Canada or outside Canada, and the summary hearing in respect of that charge may be conducted in Canada or outside Canada.
A summary hearing in respect of a charge alleging the commission of a service infraction may not be conducted unless it commences within six months after the day on which the service infraction is alleged to have been committed.
A decision that a charge should not be proceeded with by summary hearing does not preclude, subject to section 163.4, proceeding with the charge by summary hearing at any subsequent time.
A superior commander, commanding officer or delegated officer to whom a charge is referred under paragraph 162.95(c) or under this section shall, taking into account the conditions set out in section 163,
A superior commander, commanding officer or delegated officer may not conduct a hearing if he or she
A superior commander, commanding officer or delegated officer may conduct a hearing in respect of a charge alleging the commission of a service infraction if all of the following conditions are satisfied:
laid the charge or caused it to be laid.
issued a warrant under section 273.3 in relation to anything referred to in any of paragraphs 273.3(a) to (c) that relates to the service infraction; or
carried out or directly supervised the investigation of the service infraction;
A delegated officer who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the following sanctions:
A commanding officer who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the sanctions referred to in paragraphs 162.7(c) to (e).
A superior commander who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the sanctions referred to in section 162.7.
minor sanctions referred to in paragraph 162.7(e).
a sanction referred to in paragraph 162.7(d) for not more than seven days;
refer the charge, subject to and in accordance with regulations made by the Governor in Council, to a superior commander, commanding officer or delegated officer.
decide not to proceed with the charge if, in his or her opinion, it should not be proceeded with; or
conduct a summary hearing in respect of the charge;
A review authority in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing may act on its own initiative or on application, made in accordance with regulations made by the Governor in Council, of the person found to have committed the service infraction.
The review authorities in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing are the Chief of the Defence Staff and any other military authorities that are prescribed by the Governor in Council in regulations.
In the case where more than one finding has been made that a person has committed a service infraction and a review authority quashes one or more but not all of them, if a sanction imposed is in excess of any that may be imposed in respect of the remaining findings or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate.
If a finding that a person has committed a service infraction is quashed and no other such finding was made at the summary hearing, every sanction imposed as a result of the quashed finding is also quashed and a new summary hearing may be held in relation to the service infraction as if no previous summary hearing had been held.
A review authority may quash a finding, by an officer who conducted a summary hearing, that a person has committed a service infraction.
If a new finding is substituted and a sanction imposed in respect of the original finding is in excess of a sanction that may be imposed in respect of the new finding or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate.
A review authority may substitute a new finding for any finding that a person has committed a service infraction that was invalidly made or that cannot be supported by the evidence if the new finding could validly have been made on the charge to which the new finding relates and it appears to the review authority that the officer who conducted the summary hearing was satisfied of the facts that establish the service infraction specified or involved in the new finding.
If a new sanction is substituted, the new sanction may not be higher in the scale of sanctions than that other sanction.
A review authority may substitute for any invalid sanction imposed by an officer who conducted a summary hearing any new sanction or sanctions that it considers appropriate.
The following definitions apply in subsection (1).
A review authority may commute, mitigate or remit any or all of the sanctions imposed by an officer who conducted a summary hearing.
remit means to exempt a person from the requirement to undergo the whole or any part of a sanction. (remettre)
mitigate means to impose a lesser amount of the same sanction. (mitiger)
commute means to replace a sanction with another sanction that is lower in the scale of sanctions. (commuer)
[Repealed, 2019, c. 15, s. 25]
[Repealed, 2019, c. 15, s. 25]
A military judge has the same immunity from liability as a judge of a superior court of criminal jurisdiction.
A reserve force military judge shall not engage in any business or professional activity that is incompatible with the duties that they may be required to perform under this Act.
The Court Martial Administrator shall convene a Standing Court Martial if every charge preferred against an accused person on a charge sheet is
The Governor in Council may, on the request of the Military Judges Compensation Committee, extend the time for the submission of a report.
In the event that the Chief Military Judge is absent or unable to act or the office of Chief Military Judge is vacant, the Deputy Chief Military Judge shall exercise and perform the powers, duties and functions of the Chief Military Judge that are not otherwise authorized to be exercised or performed by a military judge under section 165.26.
The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Deputy Chief Military Judge.
The Chief Military Judge may delegate any of the Chief Military Judge’s duties and functions to a military judge.
The Chief Military Judge may authorize any military judge, other than a reserve force military judge, to exercise and perform any of the powers, duties and functions of the Chief Military Judge.
The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act.
There shall be a person appointed to be the Court Martial Administrator.
The powers of the Director of Military Prosecutions may be exercised, and the duties and functions of the Director of Military Prosecutions may be performed, by any officer who is a barrister or advocate with standing at the bar of a province and who is authorized by the Minister.
The Director of Military Prosecutions may be assisted and represented, to the extent determined by the Director of Military Prosecutions, by officers who are barristers or advocates with standing at the bar of a province.
[Repealed, 2008, c. 29, s. 6]
If the Director of Military Prosecutions decides that a charge should not be proceeded with by a trial by court martial, he or she shall communicate the decision and the reasons for it, in writing, to the officer or non-commissioned member who referred the charge to him or her, and to the commanding officer of the accused person.
The Director of Military Prosecutions is responsible for the preferring of all charges to be tried by court martial and for the conduct of all prosecutions at courts martial. The Director of Military Prosecutions also acts as counsel for the Minister in respect of appeals when instructed to do so.
The Chief Military Judge may, with the Governor in Council’s approval and after consulting with a rules committee established under regulations made by the Governor in Council, make rules governing the following:
The duties and functions of the Court Martial Administrator may be performed by any person authorized by the Court Martial Administrator.
For the purposes of this Act, a charge is preferred when the charge sheet in respect of the charge is signed by the Director of Military Prosecutions, or an officer authorized by the Director of Military Prosecutions to do so, and filed with the Court Martial Administrator.
A person may be tried by court martial only if a charge against the person is preferred by the Director of Military Prosecutions.
The Director of Military Prosecutions is eligible to be re-appointed on the expiry of a first or subsequent term of office.
An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to
The Director of Military Prosecutions holds office during good behaviour for a term of not more than four years. The Minister may remove the Director of Military Prosecutions from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council.
The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Military Prosecutions.
all other matters necessary or proper for the due exercise of its jurisdiction.
the enforcement of its orders; and
the production and inspection of documents;
the attendance, swearing and examination of witnesses;
prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge.
prefer the charge; or
A decision not to prefer a charge does not preclude the charge from being preferred at any subsequent time.
Withdrawing a charge does not preclude it from being proceeded with at any subsequent time.
The Director of Military Prosecutions may withdraw a charge that has been preferred, but if a trial by court martial has commenced, the Director of Military Prosecutions may do so only with leave of the court martial.
The validity of a charge preferred by the Director of Military Prosecutions is not affected by any irregularity, informality or defect in the charge referred to the Director.
When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may
The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline made under this section.
Subsection (4) does not apply where the Director of Military Prosecutions considers that it would not be in the best interests of the administration of military justice for any instruction or guideline, or any part of it, to be available to the public.
The Director of Military Prosecutions shall ensure that instructions and guidelines issued under subsection (3) are available to the public.
The Judge Advocate General may issue instructions or guidelines in writing in respect of a particular prosecution.
The Judge Advocate General may issue general instructions or guidelines in writing in respect of prosecutions. The Director of Military Prosecutions shall ensure that they are available to the public.
The Director of Military Prosecutions acts under the general supervision of the Judge Advocate General.
The Court Martial Administrator acts under the general supervision of the Chief Military Judge.
The Court Martial Administrator performs such other duties as may be specified by this Act or prescribed by the Governor in Council in regulations.
The Court Martial Administrator shall summon the accused person to appear at the court martial.
The Court Martial Administrator performs the duties specified in sections 165.191 to 165.193 and, if he or she convenes a General Court Martial, shall appoint its members.
an offence punishable under section 130 that is referred to in section 469 of the Criminal Code.
an offence punishable under section 130 that is punishable by imprisonment for life; or
an offence under this Act, other than under section 130 or 132, that is punishable by imprisonment for life;
The consent given under subsection (2) may not be withdrawn unless both the accused and the Director of Military Prosecutions agree in writing to the withdrawal.
An accused person who is charged with an offence referred to in subsection (1) may, with the written consent of the accused person and that of the Director of Military Prosecutions, be tried by Standing Court Martial.
The Court Martial Administrator shall convene a General Court Martial if any charge preferred against an accused person on a charge sheet is
an offence that is punishable under section 130 and is punishable on summary conviction under any Act of Parliament.
an offence under this Act, other than under section 130, that is punishable by imprisonment for less than two years or by a punishment that is lower in the scale of punishments; or
The Court Martial Administrator shall convene a General Court Martial or Standing Court Martial in accordance with this section.
If charges are preferred jointly and all of the accused persons do not choose — or are not deemed to have chosen — to be tried by the same type of court martial, they must be tried by a General Court Martial.
The accused person may also, with the written consent of the Director of Military Prosecutions, make a new choice at any time, in which case he or she shall notify the Court Martial Administrator in writing of the new choice.
The accused person may, not later than 30 days before the date set for the commencement of the trial, make a new choice once as of right, in which case he or she shall notify the Court Martial Administrator in writing of the new choice.
If the accused person fails to notify the Court Martial Administrator in writing of his or her choice within 14 days after the day on which the accused person is notified under subsection (2), the accused person is deemed to have chosen to be tried by General Court Martial.
The Court Martial Administrator shall cause the accused person to be notified in writing that he or she may make a choice under subsection (1).
An accused person may choose to be tried by General Court Martial or Standing Court Martial if a charge is preferred and sections 165.191 and 165.192 do not apply.
A military judge may resign from office by giving notice in writing to the Minister. The resignation takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice.
A military judge ceases to hold office on being released at his or her request from the Canadian Forces or on attaining the age of 60 years.
A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of the Military Judges Inquiry Committee.
Every military judge shall, before commencing the duties of office, take the following oath of office:
The Governor in Council may appoint any officer who is a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been an officer for at least 10 years to be a military judge.
has been a judge advocate at a court martial.
has presided at a Standing Court Martial or a Special General Court Martial; or
has been a military judge;
is a barrister or advocate of at least 10 years’ standing at the bar of a province;
Every reserve force military judge shall, before commencing the duties of office, take the following oath of office:
An officer named to the panel is referred to in this Act as a “reserve force military judge”.
There is established a Reserve Force Military Judges Panel to which the Governor in Council may name any officer of the reserve force who has been an officer for at least 10 years and who
A reserve force military judge may request that their name be removed from the panel by giving notice in writing to the Minister. The removal takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice.
The name of a reserve force military judge shall be removed from the panel on the judge’s release, at his or her request, from the Canadian Forces or on the judge attaining the age of 60 years.
The Governor in Council may for cause remove the name of a reserve force military judge from the Reserve Force Military Judges Panel on the recommendation of the Military Judges Inquiry Committee.
The Chief Military Judge may request a reserve force military judge to undergo any training that may be specified by the Chief Military Judge.
The Chief Military Judge may select any reserve force military judge to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge.
Military judges may, with the concurrence of the Chief Military Judge, be appointed as a board of inquiry.
In addition to their judicial duties, military judges shall perform any other duties that the Chief Military Judge may direct, but those other duties may not be incompatible with their judicial duties.
Military judges shall preside at courts martial and shall perform other judicial duties under this Act that are required to be performed by military judges.
The Chief Military Judge holds a rank that is not less than colonel.
The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Chief Military Judge.
any other aspects of practice and procedure that are prescribed in regulations made by the Governor in Council.
documents, exhibits or other things connected with any proceeding, including public access to them; and
the minutes of proceedings of courts martial and other proceedings;
the scheduling of trials by court martial;
the bringing of persons before a military judge under section 159;
the making of applications under section 158.7;
pre-trial conferences and other preliminary proceedings;
The inquiry committee has the same powers, rights and privileges — including the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to
The Chief Justice shall appoint one of the judges to act as Chairperson.
There is established a Military Judges Inquiry Committee to which the Chief Justice of the Court Martial Appeal Court shall appoint three judges of the Court Martial Appeal Court.
all other matters necessary or proper for the due exercise of its jurisdiction.
the enforcement of its orders; and
the production and inspection of documents;
the attendance, swearing and examination of witnesses;
The inquiry committee shall provide to the Minister a record of each inquiry and a report of its conclusions. If the inquiry was held in public, the inquiry committee shall make its report available to the public.
The inquiry committee may recommend to the Governor in Council that the military judge be removed if, in its opinion,
The Chairperson of the inquiry committee may engage on a temporary basis the services of counsel to assist the committee and may, subject to any applicable Treasury Board directives, establish the terms and conditions of the counsel’s engagement and fix their remuneration and expenses.
The inquiry committee may hold an inquiry either in public or in private unless the Minister, having regard to the interests of the persons participating in the inquiry and the interests of the public, directs that the inquiry be held in public.
The military judge in respect of whom an inquiry is held shall be given reasonable notice of the inquiry’s subject matter and of its time and place and shall be given an opportunity, in person or by counsel, to be heard at the inquiry, to cross-examine witnesses and to adduce evidence on his or her own behalf.
The Chairperson of the inquiry committee may designate a judge appointed to the committee to examine a complaint or allegation referred to in subsection (2) and to recommend whether an inquiry should be commenced.
The inquiry committee may, on receipt of any complaint or allegation in writing made in respect of a military judge, commence an inquiry as to whether the military judge should be removed from office.
The Military Judges Inquiry Committee shall, on receipt of a request in writing made by the Minister, commence an inquiry as to whether a military judge should be removed from office.
having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of his or her judicial duties; or
having failed in the due execution of his or her judicial duties, or
having been guilty of misconduct,
infirmity,
the military judge does not satisfy the physical and medical fitness standards applicable to officers.
the military judge has become incapacitated or disabled from the due execution of his or her judicial duties by reason of
one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b).
one person nominated by the Minister; and
one person nominated by the military judges;
The members of the compensation committee shall be paid the remuneration fixed by the Governor in Council and, subject to any applicable Treasury Board directives, the reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.
All three members of the compensation committee together constitute a quorum.
If the office of a member becomes vacant during the member’s term, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office for the remainder of the term.
In the event of the absence or incapacity of a member, the Governor in Council may appoint, as a substitute temporary member, a person nominated in accordance with subsection (1).
A member is eligible to be reappointed for one further term.
Each member holds office during good behaviour for a term of four years, and may be removed for cause at any time by the Governor in Council.
There is established a Military Judges Compensation Committee consisting of three part-time members to be appointed by the Governor in Council as follows:
The compensation committee may, with the consent of the Minister and the military judges, postpone the commencement of a quadrennial inquiry.
The compensation committee shall commence an inquiry on September 1, 2015, and on September 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister within nine months after the day on which the inquiry commenced.
In conducting its inquiry, the compensation committee shall consider
The Military Judges Compensation Committee shall inquire into the adequacy of the remuneration of military judges.
any other objective criteria that the committee considers relevant.
the need to attract outstanding candidates to the judiciary; and
the role of financial security of the judiciary in ensuring judicial independence;
the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;
A person who ceases to hold office as a member for any reason other than their removal may carry out and complete their duties in respect of a matter that was referred to the compensation committee under subsection (1) before the person ceased to hold office. While completing those duties, the person is deemed to be a member of the compensation committee.
The compensation committee shall submit to the Minister a report containing its recommendations within a period fixed by the Minister after consultation with the compensation committee.
The Minister may at any time refer to the Military Judges Compensation Committee for its inquiry the matter, or any aspect of the matter, mentioned in subsection 165.34(1).
The Minister shall respond to a report within six months after receiving it.
Within 30 days after receiving a report, the Minister shall notify the public and facilitate public access to the report in any manner that the Minister considers appropriate.
A General Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine.
If the accused person is a non-commissioned member, the panel is composed of the senior member, one other officer and three non-commissioned members who are of or above both the rank of the accused person and the rank of sergeant.
If the accused person is an officer of or below the rank of lieutenant-colonel, the members of the panel other than the senior member must be of or above the rank of the accused person.
If the accused person is of the rank of colonel, the senior member of the panel must be an officer of or above the rank of the accused person and the other members of the panel must be of or above the rank of lieutenant-colonel.
If the accused person is of or above the rank of brigadier-general, the senior member of the panel must be an officer of or above the rank of the accused person and the other members of the panel must be of or above the rank of colonel.
[Repealed, 2013, c. 24, s. 47]
The senior member of the panel must be an officer of or above the rank of lieutenant-colonel.
A General Court Martial is composed of a military judge and a panel of five members.
an officer or non-commissioned member of any armed force who is attached, seconded or on loan to the Canadian Forces.
any person who, before the court martial, participated in any investigation respecting the matters on which a charge against the accused person is founded; or
an officer below the rank of captain;
a member of the military police;
the commanding officer of the accused person;
a witness for the prosecution or the accused person;
an officer or non-commissioned member who is a lawyer or notary;
all other matters necessary or proper for the due exercise of its jurisdiction.
the enforcement of its orders; and
the production and inspection of documents;
the attendance, swearing and examination of witnesses;
Subsection (1) applies to a military judge performing a judicial duty under this Act other than presiding at a court martial.
A court martial has the same powers, rights and privileges — including the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to
If evidence is admitted at trial on the basis of a determination made under subsection 180.2(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
If evidence is admitted at trial on the basis of a determination made under subsection 180.18(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
The military judge shall provide reasons in writing for ordering or not ordering the production of the record or therapeutic record, or part of it, under subsection 180.12(1) or 180.14(1) or (2).
In proceedings in respect of an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 of the Criminal Code, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
The military judge shall provide reasons in writing for ordering or not ordering the production of the record or therapeutic record, or part of it, under subsection 180.05(1) or 180.07(1) or (2).
If evidence is admitted at trial on the basis of a determination made under subsection 180.007(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
If evidence is admitted at trial on the basis of a determination made under subsection 180.005(7), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
If evidence is admitted at trial on the basis of a determination made under subsection 180.003(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
The following definitions apply in sections 180.02 to 180.2.
For the purpose of any deliberation, the military judge may cause the place where the proceedings are being held to be cleared.
Witnesses are not to be admitted to the proceedings except when under examination or by leave of the military judge.
If a person is charged with an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code and the prosecutor or the person applies for an order under subsection (2), the military judge shall, if no such order is made, state, by reference to the circumstances of the case, the reasons for not making an order.
No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
In determining whether the order is in the interest of the proper administration of military justice, the military judge shall consider
A military judge or, if a court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on the military judge’s own motion, order that the public be excluded during the whole or any part of the proceedings or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the military judge considers that it is necessary in the interests of public safety, public morals, the maintenance of order or the proper administration of military justice, or to prevent injury to international relations, national defence or national security.
Unless this Act provides otherwise, court martial proceedings, and proceedings before military judges under any of sections 147.6, 148, 158.7, 159, 187, 215.2 and 248.81, must be public and, to the extent that accommodation permits, the public must be admitted to the proceedings.
any other factor that the military judge considers relevant.
the salutary and deleterious effects of the order; and
whether effective alternatives to the making of the order are available in the circumstances;
the protection of military justice system participants who are involved in the proceedings;
whether any witness needs the order for their security or to protect them from intimidation or retaliation;
the ability of any witness, if the order were not made, to give a full and candid account of the acts complained of;
the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;
society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process;
is less worthy of belief.
is more likely to have consented to the sexual activity that forms the subject matter of the charge; or
For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity.
For the purpose of this section, sexual activity includes any communication made for a sexual purpose or whose content is of a sexual nature.
In determining whether evidence is admissible under subsection (2), the military judge shall take into account the following factors:
In proceedings in respect of an offence referred to in subsection (1), evidence that the complainant has engaged in sexual activity, other than the sexual activity that forms the subject matter of the charge, whether with the accused person or with any other person, shall not be adduced unless the military judge determines, in accordance with the procedures set out in sections 180.002, 180.003, 180.005, 180.007, 180.17 or 180.2, as the case may be, that the evidence is not being adduced for the purpose of supporting an inference described in subsection (1), is relevant to an issue at trial, is of specific instances of sexual activity and
In proceedings in respect of an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 of the Criminal Code or any other offence under that Act or any other Act of Parliament that is of a sexual nature or that is committed for a sexual purpose, evidence that the complainant has engaged in sexual activity, whether with the accused person or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
if sought to be adduced by the prosecutor, has probative value that is not outweighed by the danger of prejudice to the proper administration of military justice.
if sought to be adduced by the accused person, has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; or
any other factor that the military judge considers relevant.
the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
the potential prejudice to the complainant’s personal dignity and right of privacy;
the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the panel;
the need to remove from the fact-finding process any discriminatory belief or bias;
whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;
society’s interest in encouraging the reporting of sexual assault offences;
the interests of military justice, including the right of the accused person to make a full answer and defence;
If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person.
If the military judge is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the Court Martial Administrator at least 60 days previously or within any shorter interval that the military judge may allow in the interests of military justice, and that the evidence sought to be adduced is capable of being admissible under subsection 180.001(2), the military judge shall grant the application and hold a hearing under section 180.003 to determine whether the evidence is admissible under subsection 180.001(2).
The military judge shall consider the application with the panel and the public excluded.
The application must be made in writing and be accompanied by an affidavit setting out detailed particulars of the evidence that the accused person seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application and the affidavit must be given to the prosecutor and filed with the Court Martial Administrator.
The accused person may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a hearing under section 180.003 to determine whether evidence is admissible under subsection 180.001(2).
At the conclusion of the hearing, the military judge shall determine whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and
The military judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
The complainant is not a compellable witness at the hearing but may appear and make submissions.
The panel and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 180.001(2).
if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and
if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
At the conclusion of the hearing, the military judge shall determine whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and
The complainant is not a compellable witness at the hearing.
The panel and the public shall be excluded from the hearing.
A copy of the application must be given to the accused person and filed with the Court Martial Administrator at least 60 days before the hearing or within any shorter interval that the military judge may allow in the interests of military justice.
The application need not be supported by any affidavit or oral testimony of the complainant or of any other person with knowledge of the complainant’s sexual history or any sworn police or military police statement.
The application must be made in writing and must set out detailed particulars of the evidence that the prosecutor seeks to adduce and the relevance of that evidence to an issue at trial.
The prosecutor may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, to determine whether evidence is admissible under subsection 180.001(2).
if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and
if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
For greater certainty, the complainant has the right to be represented by counsel.
If evidence of sexual activity is determined to be admissible, the military judge shall direct the applicants as to the uses that they may and may not make of that evidence.
If the military judge is satisfied that the evidence of sexual activity is admissible under subsection 180.001(2), taking into account the factors set out in subsection 180.001(3), they shall grant the application. If they are not so satisfied, they shall hold a hearing under section 180.003 to determine whether the evidence is admissible under subsection 180.001(2).
The military judge shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and
A copy of the application must be filed with the Court Martial Administrator at least 60 days before the trial.
The application must be made in writing and signed by the applicants and must set out the detailed particulars of the evidence and
The prosecutor, the accused person and the complainant may jointly apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a determination as to whether any evidence referred to in subsection 180.001(1) is admissible under subsection 180.001(2) without holding a hearing under section 180.003.
any information the applicants consider necessary to assist the military judge when the military judge takes into account the factors referred to in subsection 180.001(3).
how the conditions for admissibility referred to in subsection 180.001(2) are satisfied; and
the relevance of that evidence to an issue at trial;
if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and
if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling. (dossier thérapeutique)
record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the service offence. (dossier)
any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
any offence under the Criminal Code, as it read at any time before the day on which this paragraph comes into force, if the conduct alleged involved a violation of the complainant’s sexual integrity and would be an offence referred to in paragraph (a) if it had occurred on or after that day.
an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose;
an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code;
In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that the record is in the prosecutor’s possession or control, but, in doing so, the prosecutor shall not disclose the record’s contents.
In subsection (1), third party means a person other than the prosecutor or the accused person.
Section 180.01, this section and sections 180.03 to 180.08 and 303 apply in respect of a record relating to the complainant or a witness that is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness, as the case may be, has expressly waived the application of those sections.
Except in accordance with sections 180.03 to 180.08, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of a third party shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
Except in accordance with sections 180.03 to 180.08, no record relating to a complainant or a witness shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
The service requirement on the accused person in subsection (5) is not fulfilled if the accused personally serves the application or a summons on the complainant.
The military judge may at any time order that the application be served on any person to whom the military judge considers the record or therapeutic record may relate.
The accused person shall serve the application on the prosecutor, on the person who has possession or control of the record or therapeutic record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 180.04(1) or within any shorter interval that the military judge may allow in the interests of military justice. The accused person shall also serve a summons on the person who has possession or control of the record or therapeutic record at the same time as the application is served.
The military judge may, at any time, order that the application be served on any person to whom he or she considers the record may relate.
The accused person shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record relates, at least 14 days before the hearing referred to in subsection 180.04(1) begins or any shorter interval that the military judge may allow in the interests of military justice.
Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused persons’s guilt:
Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify:
The application must be made in writing and must set out
The application must be made in writing and set out
For greater certainty, the application referred to in subsection (1) must not be made in any other proceedings.
An accused person who seeks the production of a record may make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial.
An accused person who seeks production of a record or therapeutic record referred to in section 180.02 must make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial.
the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify.
particulars identifying the record that the accused person seeks to have produced and the name of the person who has possession or control of the record; and
the record was made close in time to the complaint or to the activity that forms the subject matter of the charge against the accused person.
the record relates to the complainant’s sexual reputation;
the record relates to the presence or absence of a recent complaint;
the record relates to the sexual activity of the complainant with any person, including the accused person;
the record may reveal allegations of sexual abuse of the complainant by a person other than the accused person;
the record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
the record may relate to the credibility of the complainant or witness;
the record may disclose a prior inconsistent statement of the complainant or witness;
the record relates to the incident that is the subject matter of the proceedings;
in the case of a therapeutic record, the grounds on which the accused person relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt.
the record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
in the case of a record, the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
particulars identifying the record or the therapeutic record that the accused person seeks to have produced and the name of the person who has possession or control of it;
the record exists;
that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused person.
that the record or therapeutic record relates to the complainant’s sexual reputation;
that the record or therapeutic record relates to the presence or absence of a recent complaint;
that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused person;
that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused person;
that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
that the record or therapeutic record may relate to the credibility of the complainant or witness;
that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;
that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;
that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
that the record or therapeutic record exists;
An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.
No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing.
The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
The person who has possession or control of the record or therapeutic record, the complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
The military judge shall hold a hearing in private to determine whether to order the person who has possession or control of the record or therapeutic record to produce it to the military judge for review.
The military judge shall hold a hearing in private to determine whether to order the person who has possession or control of the record to produce it to the military judge for review.
the production of the record is necessary in the interests of military justice.
the production of all or any part of the record or therapeutic record is necessary in the interests of military justice.
in the case of a record, the accused person has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused person’s guilt; and
the accused person has established that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
the application was made in accordance with subsections 180.03(2) to (5);
the application was made in accordance with subsections 180.03(2) to (7);
In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates. In particular, the military judge shall take the following factors into account:
In determining whether to order the production of the record or therapeutic record, or part of it, for review, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the military judge shall take the following factors into account:
The military judge may order the person who has possession or control of the record or therapeutic record to produce it, or any part of it, to the military judge for review if, after the hearing referred to in section 180.04, the military judge is satisfied that
The military judge may order the person who has possession or control of the record to produce the record or a part of the record to the military judge for review if, after the hearing, the military judge is satisfied that
the effect of the determination on the integrity of the trial process.
the effect of the determination on the integrity of the trial process.
society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
society’s interest in encouraging the reporting of sexual offences;
society’s interest in encouraging the reporting of sexual offences;
the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;
the potential prejudice to the personal dignity and right to privacy of any person to whom the record relates;
whether production of the record is based on a discriminatory belief or bias;
whether production of the record or therapeutic record is based on a discriminatory belief or bias;
the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;
the nature and extent of the reasonable expectation of privacy with respect to the record;
the probative value of the record or therapeutic record;
the probative value of the record;
the extent to which the record or therapeutic record is necessary for the accused person to make a full answer and defence;
the extent to which the record is necessary for the accused person to make a full answer and defence;
Subsections 180.04(2) to (4) apply in the case of a hearing under subsection (2).
Subsections 180.04(2) to (4) apply in the case of a hearing held under subsection (2).
The military judge may hold a hearing in private if the military judge considers that it will assist in making the determination.
The military judge may hold a hearing in private if he or she considers that it will assist in making the determination.
If the military judge has ordered the production of the record or a part of the record for review, the military judge shall review it in the absence of the parties to determine whether the record or the part of the record should be produced to the accused person.
If the military judge has ordered the production of the record or therapeutic record, or part of it, for review, the military judge shall review it, or the part of it, in the absence of the parties in order to determine whether the record or therapeutic record, or the part, should be produced to the accused person.
If the military judge refuses to order the production of the record or therapeutic record, or part of it, to the accused person, the record or therapeutic record, or the part, must, unless a military judge orders otherwise, be kept by the military judge in a sealed package until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or therapeutic record, or the part, must be returned to the person lawfully entitled to possession or control of it.
The record or therapeutic record, or the part of it, that is produced to the accused person under an order made under subsection (1) must not be used in any other proceedings.
If the military judge refuses to order the production of the record or a part of the record to the accused person, the record or the part of the record, as the case may be, must, unless the military judge orders otherwise, be kept by the military judge in a sealed package until the later of the expiry of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or the part of the record must be returned to the person lawfully entitled to possession or control of it.
If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall direct that a copy of the record or therapeutic record, or the part, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so.
The record or the part of the record that is produced to the accused person under an order made under subsection (1) must not be used in any other disciplinary, criminal, civil or administrative proceedings.
If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions:
If the military judge orders the production of the record or a part of the record to the accused person, the military judge shall direct that a copy of the record or the part of the record, as the case may be, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so.
In determining whether to order the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, the military judge shall take the factors set out in subsection 180.05(2) into account.
The military judge who orders the production of the record or a part of the record to the accused person, may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including the following conditions:
If the military judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and that is not available from any other source, the military judge may order that the therapeutic record, or the part, be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, the military judge shall take the factors specified in paragraphs 180.05(2)(a) to (h) into account.
If the military judge is satisfied that the record or a part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record or the part of the record, as the case may be, be produced to the accused person, subject to any conditions that may be imposed under subsection (3).
If the military judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record, or the part, that is likely relevant be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
information regarding any person named in the record, such as their address, telephone number and place of employment, is to be severed from the record.
no copies of the record are to be made or only the number of copies specified by the military judge may be made; and
the record is to be viewed only at a location specified by the military judge;
the accused person and counsel for the accused person are not to disclose the contents of the record to any other person, except with the approval of the military judge;
a copy of the record, rather than the original, is to be produced;
the record is to be edited as directed by the military judge;
that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.
that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and
that the record or therapeutic record be viewed only at a location specified by the military judge;
that the accused person and counsel for the accused person not disclose the contents of the record or therapeutic record to any other person, except with the approval of the military judge;
that a copy of the record or therapeutic record, rather than the original, be produced;
that the record or therapeutic record be edited as directed by the military judge;
any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose;
Production under subsection (2) does not affect the application of any of sections 180.16 to 180.21, paragraphs 230(i.01) and (i.1) and 230.1(j.01) and (j.1) and section 303.
Subject to subsection (2), if a record or therapeutic record in respect of which this section applies is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that it is in the prosecutor’s possession or control but, in doing so, the prosecutor shall not disclose its contents.
The prosecutor may produce to the accused person
Except in accordance with sections 180.1 to 180.15, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of the prosecutor shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
any communication between the accused person and the complainant.
a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused person; and
a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused person;
The service requirement on the accused person in subsection (5) is not fulfilled if the accused person personally serves the application on the complainant.
The military judge may at any time order that the application be served on any person to whom the military judge considers the record or therapeutic record may relate.
The accused person shall serve the application on the prosecutor, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 180.11(1) or within any shorter interval that the military judge may allow in the interests of military justice.
Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt:
The application must be made in writing and must set out
For greater certainty, the application referred to in subsection (1) must not be made to a military judge presiding at any other proceedings.
An accused person who seeks production of a record or therapeutic record referred to in subsection 180.09(1) must make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial.
in the case of a therapeutic record, the grounds on which the accused person relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt.
in the case of a record, the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
particulars identifying the record or the therapeutic record that the accused person seeks to have produced;
that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused person.
that the record or therapeutic record relates to the complainant’s sexual reputation;
that the record or therapeutic record relates to the presence or absence of a recent complaint;
that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused person;
that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused person;
that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
that the record or therapeutic record may relate to the credibility of the complainant or witness;
that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;
that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;
that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
that the record or therapeutic record exists;
An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.
The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
The complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
The military judge shall hold a hearing in private to determine whether to order the prosecutor to produce the record or therapeutic record for review by the military judge.
the production of all or any part of the record or therapeutic record is necessary in the interests of military justice.
in the case of a record, the accused person has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused person’s guilt; and
the application was made in accordance with subsections 180.1(2) to (6);
In determining whether to order the production of the record or therapeutic record, or part of it, for review, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the military judge shall take the following factors into account:
The military judge may order the prosecutor to produce the record or therapeutic record, or any part of it, to the military judge for review if, after the hearing referred to in section 180.11, the military judge is satisfied that
the effect of the determination on the integrity of the trial process.
society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
society’s interest in encouraging the reporting of sexual offences;
the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;
whether production of the record or therapeutic record is based on a discriminatory belief or bias;
the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;
the probative value of the record or therapeutic record;
the extent to which the record or therapeutic record is necessary for the accused person to make a full answer and defence;
Subsections 180.11(2) to (4) apply in the case of a hearing under subsection (2).
The military judge may hold a hearing in private if the military judge considers that it will assist in making the determination.
If the military judge has ordered the production of the record or therapeutic record, or part of it, for review, the military judge shall review it, or the part of it, in the absence of the parties in order to determine whether it, or the part, should be produced to the accused person.
If the military judge refuses to order the production of the record or therapeutic record, or part of it, to the accused person, the record or therapeutic record, or the part, must, unless a military judge orders otherwise, be kept by the military judge in a sealed package until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or therapeutic record, or the part, must be returned to the prosecutor or the person lawfully entitled to possession or control of it.
The record or therapeutic record, or the part of it, that is produced to the accused person under an order under subsection (1) must not be used in any other proceedings.
If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions:
In determining whether to order the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in subsection 180.12(2) into account.
If the military judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and that is not available from any other source, the military judge may order that the therapeutic record, or the part, be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
If the military judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of military justice, the military judge may order that the record, or the part, that is likely relevant be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.
that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and
that the record or therapeutic record be viewed only at a location specified by the military judge;
that the accused person and counsel for the accused person not disclose the contents of the record or therapeutic record to any other person, except with the approval of the military judge;
that a copy of the record or therapeutic record, rather than the original, be produced;
that the record or therapeutic record be edited as directed by the military judge;
any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act or any other Act of Parliament that is of a sexual nature or that is committed for a sexual purpose; or
In determining whether the record or therapeutic record, or part of it, is admissible under subsection (2), the military judge shall take into account the following factors:
The record or therapeutic record is inadmissible in whole or in part unless the military judge determines, in accordance with the procedures set out in sections 180.17, 180.18 or 180.2,
Except in accordance with this section, no record or therapeutic record relating to a complainant that is in the possession or control of the accused person — and which the accused person intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
that the therapeutic record, or part of it, is evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and there is no other evidence that is capable of raising a reasonable doubt as to the accused person’s guilt.
that the record, or part of it, is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; and
if the admissibility of the record or therapeutic record, or part of it, is subject to section 180.001, that the evidence meets the conditions set out in subsection 180.001(2) while taking into account the factors set out in subsection (3);
any other factor that the military judge considers relevant.
the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
the potential prejudice to the complainant’s personal dignity and right of privacy;
the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the panel;
the need to remove from the fact-finding process any discriminatory belief or bias;
whether there is a reasonable prospect that the record or therapeutic record, or part of it, will assist in arriving at a just determination in the case;
society’s interest in encouraging the obtaining of treatment by complainants of sexual offences;
society’s interest in encouraging the reporting of sexual assault offences;
the interests of military justice, including the right of the accused person to make a full answer and defence;
If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person.
If the military judge is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the Court Martial Administrator at least 60 days previously or within any shorter interval that the military judge may allow in the interests of military justice, and that the record or therapeutic record, or the part of it, sought to be adduced is capable of being admissible, the military judge shall grant the application and hold a hearing under section 180.18 to determine whether the evidence is admissible under subsection 180.16(2).
The military judge shall consider the application with the panel and the public excluded.
A copy of the application and the affidavit must be given to the prosecutor and filed with the Court Martial Administrator.
The application must be made in writing and must be accompanied by an affidavit setting out
The accused person may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a hearing under section 180.18 to determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2).
in the case of a therapeutic record, or a part of one, how that evidence is likely to raise a reasonable doubt as to the accused person’s guilt.
in the case of a record, or a part of one, the relevance of that evidence to an issue at trial; and
detailed particulars of the record or the therapeutic record, or the part of it, that the accused person seeks to adduce;
At the conclusion of the hearing, the military judge shall determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2) and shall provide reasons in writing for that determination, and
The military judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
The complainant is not a compellable witness at the hearing but may appear and make submissions.
The panel and the public shall be excluded from a hearing to determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2).
if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused person’s guilt and why the military judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused person’s guilt.
if all or any part of the record is to be admitted, the reasons must state the manner in which it is expected to be relevant to an issue at trial; and
the reasons must state the factors referred to in subsection 180.16(3) that affected the determination;
if not all of the record or therapeutic record is to be admitted, the reasons must state the part of it that is to be admitted;
For greater certainty, the complainant or any witness has the right to be represented by counsel.
For greater certainty, this section does not apply to a therapeutic record.
If the record, or part of it, is determined to be admissible, the military judge shall direct the applicants as to the uses that they may and may not make of that record or part.
If the military judge is satisfied that the record, or part of it, is admissible under subsection 180.16(2), the military judge shall grant the application. If the military judge is not so satisfied, they shall hold a hearing under section 180.18 to determine whether the evidence is admissible under subsection 180.16(2).
The military judge shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 180.16(2) and shall provide reasons in writing for that determination, and
A copy of the application must be filed with the Court Martial Administrator at least 60 days before the trial.
The application must be made in writing and signed by the applicants and must set out the detailed particulars of the record or part and
The prosecutor and the accused person, together with the complainant or any witness to which a record, or part of it, relates, may jointly apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a determination as to whether the record, or part of it, is admissible under subsection 180.16(2) without holding a hearing under section 180.18.
any information the applicants consider necessary to assist the military judge when the military judge takes into account the factors referred to in subsection 180.16(3).
that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; and
if the admissibility of the record or part is subject to section 180.001, how it meets the conditions set out in subsection 180.001(2) while taking into account the factors set out in subsection 180.16(3);
the relevance of that record or part to an issue at trial;
if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
the reasons must state the factors referred to in subsection 180.001(3) or 180.16(3) that affected the determination; and
if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
No rule made under this section is effective until it has been published in the Canada Gazette, and every rule shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which it is made.
Subject to this Act, the Governor in Council may make rules of evidence to be applicable at trials by court martial.
A court martial may receive, as evidence of the facts stated in them, statutory declarations made in the manner prescribed by the Canada Evidence Act, subject to the following conditions:
Documents and records of the classes that are prescribed in rules made under section 181 may be admitted, as evidence of the facts stated in them, at trials by court martial or in any proceedings before civil courts arising out of those trials, and the conditions governing the admissibility of the documents and records — or copies of them — in those classes shall be as prescribed in those rules.
at any time before the trial, the party served with a copy of the declaration under paragraph (a) or (b) may notify the opposite party that the party so served will not consent to the declaration being received by the court martial, and in that event the declaration shall not be received.
if the declaration is one that the accused person wishes to introduce, a copy shall be served on the prosecutor at least three days before the trial; and
if the declaration is one that the prosecutor wishes to introduce, a copy shall be served on the accused person at least seven days before the trial;
Nothing in this section limits the right of an accused person to procure and produce at the trial, at the expense of the accused person, if the exigencies of the service permit, such witnesses as that person may desire.
Where the evidence of a witness whose attendance is procured under subsection (2) proves to be relevant and material at the trial, the court martial shall order that the accused person be reimbursed in the amount of the fees and expenses paid to the witness.
Where a commanding officer considers to be frivolous or vexatious a request by the accused person for the attendance of a witness whose attendance, having regard to the exigencies of the service, can reasonably be procured, the attendance of that witness shall be procured if the accused person pays in advance the fees and expenses of the witness in accordance with section 251.2.
Nothing in subsection (1) requires the procurement of the attendance of any witness, the request for whose attendance is considered by the commanding officer to be frivolous or vexatious.
The commanding officer of an accused person shall take all necessary action to procure the attendance of the witnesses whom the prosecutor and the accused person request to be called and whose attendance can, having regard to the exigencies of the service, reasonably be procured.
No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
The military judge may order that the support person and the witness not communicate with each other while the witness testifies.
The military judge shall not permit a witness to be a support person unless the military judge is of the opinion that doing so is necessary for the proper administration of military justice.
In determining whether to make an order under subsection (2), the military judge shall consider
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice.
If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
any other factor that the military judge considers relevant.
society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and
whether the witness needs the order for their security or to protect them from intimidation or retaliation;
the nature of any relationship between the witness and the accused person;
the nature of the offence;
the witness’s mental or physical disabilities, if any;
the witness’s age;
No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
A witness shall not testify outside the courtroom in accordance with an order made under subsection (1), (1.1) or (2) unless arrangements are made for the accused person, the military judge and, if a General Court Martial has been convened, its panel to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused person is permitted to communicate with counsel while watching the testimony.
If the military judge is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect of the witness, the military judge shall order that the witness testify in accordance with that subsection.
In determining whether to make an order under subsection (2), the military judge shall consider
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice.
If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
any other factor that the military judge considers relevant.
society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and
whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
whether the order is needed to protect the identity of a peace officer, as defined in section 2 of the Criminal Code, who has acted, is acting or will be acting in an undercover capacity or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section;
whether the witness needs the order for their security or to protect them from intimidation or retaliation;
the nature of any relationship between the witness and the accused person;
the nature of the offence;
the witness’s mental or physical disabilities, if any;
the witness’s age;
No adverse inference may be drawn from the fact that counsel is, or is not, provided under this section.
In determining whether to make an order under subsection (3), the military judge shall consider
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused person not personally cross-examine the witness, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination.
If an application for an order under subsection (1) or (2) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the military judge shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination.
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination.
any other factor that the military judge considers relevant.
society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and
whether the witness needs the order for their security or to protect them from intimidation or retaliation;
the nature of any relationship between the witness and the accused person;
the nature of the offence;
the witness’s mental or physical disabilities, if any;
the witness’s age;
No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
In determining whether to make the order, the military judge shall consider
The military judge may hold a hearing to determine whether the order should be made, and the hearing may be in private.
In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice.
any other factor that the military judge considers relevant.
the salutary and deleterious effects of the order; and
whether effective alternatives to the making of the order are available in the circumstances;
the importance of the witness’s testimony to the case;
society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process;
whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
whether the order is needed to protect the identity of a peace officer, as defined in section 2 of the Criminal Code, who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section;
whether the order is needed to protect the security of anyone known to the witness;
whether the witness needs the order for their security or to protect them from intimidation or retaliation;
the nature of the offence;
the right to a fair and public hearing;
any offence under the Criminal Code, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it had occurred on or after that day; or
an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347 of the Criminal Code,
two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
any of the following offences:
An order made under this section does not apply in respect of the disclosure of information if the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community.
In proceedings in respect of an offence punishable under section 130 that is an offence under section 163.1 of the Criminal Code, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall make an order directing that any information that could identify a witness who is under the age of 18 years or any person who is the subject of any representation, written material or recording that constitutes child sexual abuse and exploitation material, as defined in that section 163.1, not be published in any document or broadcast or transmitted in any way.
In proceedings in respect of a service offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall
Subject to subsection (4), in proceedings in respect of a service offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the victim not be published in any document or broadcast or transmitted in any way.
In proceedings in respect of any offence referred to in subsection (1), the military judge shall
Subject to subsection (2), a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify a victim or a witness not be published in any document, or broadcast or transmitted in any way, if the proceedings are in respect of
on application of the victim, the prosecutor or any such witness, make the order.
as soon as feasible, inform the victim and any witness under the age of 18 years of their right to make an application for the order; and
on application of the victim or the prosecutor, make the order.
as soon as feasible, inform the victim of their right to make an application for the order; and
Unless the military judge refuses to make an order under this section, no person shall publish in any document or broadcast or transmit in any way
An order made under this section may be subject to any conditions that the military judge thinks fit.
In determining whether to make an order under this section, the military judge shall consider
The military judge may hold a hearing to determine whether an order under this section should be made, and the hearing may be held in private.
The application must set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of military justice.
An application for an order under this section must be made in accordance with regulations made by the Governor in Council.
An order made under this section does not apply in respect of the disclosure of information if the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community.
For the purpose of subsection (2), an offence is any of the following:
On application of the prosecutor in respect of a military justice system participant who is involved in proceedings in respect of an offence referred to in subsection (3) or on application of the military justice system participant themself, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the military justice system participant not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice.
Unless an order is made under section 183.5, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the victim or witness not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice.
an offence punishable under section 130 that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act and that is committed in relation to an offence referred to in paragraph (c).
an offence punishable under section 130 that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act;
a terrorism offence;
an offence punishable under section 130 that is an offence under section 423.1, 467.11, 467.111, 467.12 or 467.13 of the Criminal Code or that is a serious offence committed for the benefit of, at the direction of, or in association with a criminal organization;
any other factor that the military judge considers relevant.
the impact of the order on the freedom of expression of those affected by it; and
the salutary and deleterious effects of the order;
whether effective alternatives are available to protect the identity of the victim, witness or military justice system participant;
society’s interest in encouraging the reporting of service offences and the participation of victims, witnesses and military justice system participants;
whether the victim, witness or military justice system participant needs the order for their security or to protect them from intimidation or retaliation;
whether there is a real and substantial risk that the victim, witness or military justice system participant would suffer harm if their identity were disclosed;
the right to a fair and public hearing;
any other information that could identify the person to whom the application relates as a victim, witness or military justice system participant in the proceedings.
any evidence taken, information given or submissions made at a hearing held under subsection (7); or
the contents of the application for the order;
No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
In determining whether to make the order, the military judge shall consider
In proceedings against an accused person, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on his or her own motion, make any order other than one that may be made under section 180, if the military judge is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of military justice.
any other factor that the military judge considers relevant.
the salutary and deleterious effects of the order; and
whether effective alternatives to the making of the order are available in the circumstances;
the importance of the witness’s testimony to the case;
society’s interest in encouraging the reporting of service offences and the participation of victims, witnesses and military justice system participants;
whether the order is needed to protect the security of anyone known to the witness;
whether the witness needs the order to protect them from intimidation or retaliation;
the nature of the service offence;
the right to a fair and public hearing;
the witness’s mental or physical disabilities, if any;
the witness’s age;
whose attendance is not readily obtainable for a good and sufficient reason.
who is absent from the country in which the trial is held; or
who is, by reason of physical disability arising out of illness, not likely to be able to attend at the time the trial is held;
At any proceedings before a commissioner, the accused person and the prosecutor are entitled to be represented and the persons representing them have the right to examine and cross-examine any witness.
If, in the opinion of a court martial, a witness whose evidence has been taken on commission should, in the interests of military justice, appear and give evidence before the court martial, and the witness is not too ill to attend the trial and is not outside the country in which the trial is held, the court martial may require the attendance of that witness.
The document containing the evidence of a witness, taken under subsection (1) and duly certified by the commissioner is admissible in evidence at a trial by court martial to the same extent and subject to the same objections as if the evidence were given by the witness in person at the trial.
The Chief Military Judge, or any military judge designated by the Chief Military Judge, may appoint any officer or other qualified person, in this section referred to as a “commissioner”, to take, under oath, the evidence of any person required as a witness at a court martial
The procedure for the replacement of a person in respect of whom an objection has been allowed shall be as prescribed in regulations.
When a court martial is assembled, the names of the military judge and the members, if any, must be read to the accused person and the prosecutor, who shall then be asked if they object to the constitution of the court martial and, in the event of an objection, the decision as to whether to allow the objection is to be made in accordance with the procedure prescribed in regulations.
Where a charge is amended by a court martial, a minute of the amendment shall be endorsed on the charge sheet.
Where a charge is amended by a court martial, the court martial shall, if the accused person so requests, adjourn its proceedings for any period that it considers necessary to enable the accused person to meet the charge so amended.
Where it appears to a court martial that there is a technical defect in a charge that does not affect the substance of the charge, the court martial, if of the opinion that the conduct of the accused person’s defence will not be prejudiced by an amendment of the charge, shall make the order for the amendment of the charge that it considers necessary to meet the circumstances of the case.
In deciding whether to adjourn the proceedings, the court martial shall consider the interests of military justice, including the interests of any victim of the service offence in question if information related to the victim’s interests is readily available.
A court martial may adjourn its proceedings whenever the court martial considers adjournment desirable.
[Repealed, 2019, c. 15, s. 64]
Neither the failure of the military judge to inquire of the prosecutor as required under subsection (8) or (9) nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement affects the validity of the plea.
If subsection (8) or (9) applies, and any victim was not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea.
If the accused person is charged with a serious offence that is not a serious personal injury offence and the accused person and the prosecutor have entered into an agreement referred to in subsection (8), the military judge shall, after accepting the plea of guilty, inquire of the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into and, if so, whether reasonable steps were taken to inform that victim of the agreement.
If the accused person is charged with a service offence that is a serious personal injury offence and the accused person and the prosecutor have entered into an agreement under which the accused person will enter a plea of guilty of the service offence charged — or a plea of not guilty of the service offence charged but guilty of any other service offence arising out of the same transaction, whether or not it is an included offence — the military judge shall, after accepting the plea of guilty, inquire of the prosecutor whether reasonable steps were taken to inform the victims of the agreement.
Despite any other provision of this Act, if an accused person pleads not guilty of the service offence charged but guilty of any other service offence arising out of the same transaction, whether or not it is an included offence, the military judge may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the military judge shall find the accused person not guilty of the offence charged and find him or her guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court martial.
An accused person is not entitled as of right to have their trial postponed, but the military judge may, if the military judge considers that the accused person should be allowed further time to plead or prepare for their defence or for any other reason, adjourn the trial to a later time, on any terms that the military judge considers appropriate.
If an accused person refuses to plead or does not answer directly, he or she is deemed to have made a plea of not guilty.
The failure of the military judge to fully inquire whether the conditions set out in subsection (3) are met does not affect the validity of the plea.
The military judge may accept a plea of guilty only if he or she is satisfied that
At any time after a court martial is convened but before the commencement of the trial, the military judge assigned to preside at the court martial may, on application, receive the accused person’s plea of guilty in respect of any charge and, if there are no other charges remaining before the court martial to which pleas of not guilty have been recorded, determine the sentence.
An accused person who makes an application under subsection (2) or who, after the commencement of the trial, is called on to plead may plead guilty or not guilty, or any other plea authorized by regulations made by the Governor in Council.
the accused person
the accused person is making the plea voluntarily; and
understands that the military judge is not bound by any agreement made between the accused person and the prosecutor.
understands the nature and consequences of the plea, and
understands that the plea is an admission of the essential elements of the service offence,
[Repealed, 2019, c. 15, s. 30]
A decision of the panel in respect of a finding of guilty or not guilty, of unfitness to stand trial or of not responsible on account of mental disorder is determined by the unanimous vote of its members. A decision in respect of any other matter is determined by a majority vote.
The members of the panel determine the court martial’s finding and its decision in respect of any other matter or question arising after the commencement of the trial that is not a question of law or mixed law and fact.
If a panel is discharged under subsection (1), the court martial is dissolved and the accused person may be dealt with as if the trial had never commenced.
If the military judge presiding at a General Court Martial is satisfied that the members of the panel are unable to agree on a finding and that further retention of the panel would be useless, the military judge may in his or her discretion discharge the panel.
If a court martial takes an admitted service offence into consideration for the purposes of the sentence, the sentence may not include any punishment higher in the scale of punishments than the punishment that might be imposed in respect of any offence of which the person is found guilty.
A court martial may, on the request of a person who is found guilty and who admits to having committed service offences similar in character to an offence of which the person is found guilty, take those service offences into consideration for the purposes of the sentence as if the person had been charged with, tried for and found guilty of those service offences.
Counsel for an accused person who absconds is not deprived, as result of the absconding, of any authority he or she may have to continue to represent the accused person.
An accused person who reappears at their trial is not entitled to have any part of the proceedings that were conducted in their absence reopened unless the court martial is satisfied that because of exceptional circumstances it is in the interests of military justice to reopen the proceedings.
A court martial may draw an inference adverse to the accused person from the fact that the accused person has absconded.
A military judge who adjourns a court martial may at any time continue the court martial if he or she is satisfied that it is no longer in the interests of military justice to await the appearance of the accused person.
A military judge presiding at the court martial of an accused person who absconds may
An accused person who absconds during the course of their trial by court martial, whether or not the person is charged jointly with another person, is deemed to have waived their right to be present at their trial.
if a warrant is issued under section 249.23, adjourn the trial to await the appearance of the accused person.
continue the trial and proceed to a judgment or verdict and, if the accused person is found guilty, impose a sentence in their absence; or
For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 196.107 to 196.109, the court martial shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada.
Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined.
Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods:
Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods:
Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Division.
A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Division.
A finding of unreasonable delay in respect of any proceedings does not deprive a court martial seized with those proceedings of jurisdiction in respect of the offence, the accused person or the offender.
In this Division, unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms.
Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay, on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.
No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3).
In this Division, designated offence means an offence under any of the following provisions of this Act:
No peace officer, and no person acting under a peace officer’s direction, incurs any disciplinary, criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances in execution of a warrant issued under section 196.12 or 196.13 or an order made under section 196.14 or under an authorization granted under section 196.24.
[Repealed, 2007, c. 22, s. 5]
The definitions in this section apply in this Division.
If the court martial pronounced its finding before the presiding military judge died or became unable to continue, the replacement judge shall determine the sentence.
In the case of a court martial continued under subparagraph (2)(a)(i),
If the court martial has not pronounced its finding before the presiding military judge dies or becomes unable to continue, the replacement judge
Where the military judge presiding at a court martial dies or is for any reason unable to continue, the proceedings of the court martial are deemed to be adjourned. The proceedings may be continued with another military judge, in this section referred to as the “replacement judge”, assigned by the Chief Military Judge.
commence again, at the stage immediately following the plea of the accused person, as if no evidence had been introduced; and
continue from the stage at which it was when it was deemed to be adjourned, or
in the case of a Standing Court Martial, shall commence the court martial again at the stage immediately following the plea of the accused person, as if no evidence had been introduced.
in the case of a General Court Martial, may order that the court martial
if any evidence was adduced before the adjournment, the evidence is deemed to have been adduced before the replacement judge but, if the prosecutor and the accused so agree, any part of that evidence may be adduced again.
if an adjudication was made before the adjournment but no order was made, the replacement judge shall make any order that is authorized by law and required in the circumstances; and
Where a court martial is dissolved pursuant to this section, the accused person may be dealt with as if the trial had never commenced.
Where a court martial finds, under subsection 198(2), that an accused person is unfit to stand trial and it completes the proceedings under subsection 200(2), the court martial is dissolved.
Where, on account of the illness of an accused person, it is impossible to continue the trial of that person, the court martial is dissolved.
If, after an accused person has made a plea but before the court martial pronounces its finding, two or more members of the panel die or are for any reason unable to continue to act, the court martial is dissolved.
The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court martial from making a decision in respect of the application.
The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision.
The court martial shall, at the time the application is heard, inquire of the prosecutor if reasonable steps have been taken to inform the victims, if any, of the filing of the application.
If an application for a finding of unreasonable delay is filed with the court martial, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application.
If the case involved or will involve applications or motions, either before, during or after the trial, the court martial shall also consider the following factors in assessing whether the case is complex:
In determining whether there has been or will be unreasonable delay, the court martial shall consider whether there are any relevant factors that contributed or will contribute to making the case complex.
any factor that the court martial finds relevant in assessing the complexity of the applications or motions.
the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and
the need for trial continuation dates arising from the applications or motions that required more time than anticipated;
the amount of cumulative court time that was or will be required to adjudicate the applications or motions;
whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions;
whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions;
whether any of the applications or motions required or will require scheduling court martial dates separately and in advance of trial dates;
the number of applications or motions;
any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
the period that consists of the cumulative number of days it took to hear the application, and
in respect of any application made under section 180.17, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.18,
in respect of any application made under section 180.03 or 180.1, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 180.04(1) or 180.11(1) to the persons referred to in subsection 180.03(5) or 180.1(5),
in respect of any application made under section 180.002, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.003,
any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
the period that consists of the cumulative number of days it took to hear the application, and
any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application.
the period that consists of the cumulative number of days it took to hear the application, and
in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined.
in the case where an objection was made under subsection 37(1) of the Canada Evidence Act before a court martial and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined;
In determining whether a remedy other than a stay of proceedings is appropriate and just, the court martial shall take into account the following factors:
A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances.
the interest that society has in having a final decision on the merits.
the maintenance of discipline, efficiency and morale of the Canadian Forces; and
the public’s trust in the administration of military justice;
the prejudice that has been or would be suffered by the accused person or offender as a result of unreasonable delay;
the impact that a stay of proceedings is likely to have on any victim of the offence;
the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;
secondary designated offence means
primary designated offence means
prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire)
peace officer means
forensic DNA analysis
DNA profile means the results of forensic DNA analysis. (profil d’identification génétique)
DNA means deoxyribonucleic acid. (ADN)
designated offence means a primary designated offence or a secondary designated offence. (infraction désignée)
Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)
in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person in execution of an order made under section 196.14 or under an authorization granted under section 196.24, or to a bodily substance referred to in paragraph 196.12(1)(b), means forensic DNA analysis of the bodily substance. (analyse génétique)
in relation to a bodily substance that is taken in execution of a warrant under section 196.12, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 196.12(1)(b), and includes any incidental tests associated with that analysis; and
an officer or a non-commissioned member of the Canadian Forces who is
a police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; or
employed on duties that the Governor in Council has prescribed in the regulations to be of such a kind as to necessitate that the officer or non-commissioned member performing them has the powers of a peace officer. (agent de la paix)
a member of the military police, or
an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.03) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130. (infraction primaire)
an offence within the meaning of any of paragraphs (a.1) to (c.01), (c.03) and (c.1) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; and
an offence within the meaning of paragraphs (a) and (c.02) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130;
an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit any offence referred to in paragraph (a) or (b). (infraction secondaire)
an offence under any of the following provisions of this Act:
an offence within the meaning of any of paragraphs (a) to (d.2) of the definition secondary designated offence in section 487.04 of the Criminal Code that is punishable under section 130;
section 127 (handling of dangerous substances); and
paragraph 107(a) (endangering a person on an aircraft), or
section 95 (striking a subordinate),
paragraph 87(b) (violence while in custody),
section 84 (striking a superior officer),
section 79 (mutiny with violence),
paragraph 77(a) (violence to person bringing materiel to forces),
that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.
that the person subject to the Code of Service Discipline was a party to the offence; and
that a bodily substance has been found or obtained
that a designated offence has been committed;
on or within the body of any person or thing or at any place associated with the commission of the offence;
on anything worn or carried by the victim at the time the offence was committed, or
on or within the body of the victim of the offence,
at the place where the offence was committed,
In considering whether to issue the warrant, the military judge shall have regard to all relevant matters, including
A military judge, on ex parte application in the prescribed form, may issue a warrant in the prescribed form authorizing the taking for the purpose of forensic DNA analysis, from a person subject to the Code of Service Discipline, of any number of samples of bodily substances that is reasonably required for that purpose, if the military judge is satisfied by information on oath that it is in the best interests of the administration of military justice to do so and that there are reasonable grounds to believe
whether there is
the nature of the offence and the circumstances surrounding its commission; and
another person who is able, by virtue of training or experience, to obtain under the direction of a peace officer a bodily substance from the person.
a peace officer who is able, by virtue of training or experience, to obtain a bodily substance from the person, or
A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purpose of subsection (7).
In any proceeding in which it is material for a court to be satisfied that the taking of samples of a bodily substance was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the military judge and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the taking of the samples was not authorized.
When a military judge issues a warrant by a means of telecommunication in written form,
When a military judge issues a warrant by telephone or other means of telecommunication that is not in written form,
The military judge shall, as soon as practicable, certify the information as to time and date of receipt, and cause it to be filed with the Court Martial Administrator. If the telecommunication is not in written form, the information that is to be filed is the verbatim record, or a transcription of it, certified by the judge as to its contents and time and date of receipt.
If the telecommunication is in written form, a written statement by the peace officer that all matters contained in the information are true to the officer’s knowledge and belief is deemed to be a statement made under oath.
An information submitted by telephone or other means of telecommunication shall include, in addition to the information described in subsection 196.12(1),
If a peace officer believes that it would be impracticable to appear personally before a military judge to apply for a warrant, the peace officer may submit an information on oath to the judge by telephone or other means of telecommunication.
a statement as to any prior application for a warrant under this section.
a statement of the circumstances that make it impracticable for the peace officer to appear personally before a military judge; and
the judge shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the Court Martial Administrator.
the peace officer, on the direction of the judge, shall complete, in duplicate, a facsimile of the warrant in the prescribed form, noting on its face the name of the judge and the time, date and place of issuance; and
the judge shall complete and sign the warrant in the prescribed form, noting on its face the time, date and place of issuance;
the judge shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with Court Martial Administrator.
the peace officer shall procure another facsimile of the warrant; and
the judge shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information, and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (5)(b);
the judge shall complete and sign the warrant in the prescribed form, noting on its face the time, date and place of issuance;
When a court martial makes an order authorizing the taking of samples of bodily substances, it may make an order in the prescribed form to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.
A court martial may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of military justice to do so, make such an order in the prescribed form in relation to
A court martial shall make such an order in the prescribed form in relation to a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a.1) or (b) of the definition primary designated offence in section 196.11 when the person is sentenced. However, the court martial is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of military justice, to be achieved through the early detection, arrest and conviction of offenders.
A court martial shall make an order in the prescribed form authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition primary designated offence in section 196.11 when the person is sentenced.
a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a secondary designated offence when the person is sentenced.
a person who is found not responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or
If the court martial does not consider the matter at that time,
The court martial may make an order under section 196.14 authorizing the taking of samples of bodily substances either when it imposes a sentence on a person or finds them not responsible on account of mental disorder or at a later date if it adjourns the proceedings after it imposes the sentence or makes the finding.
for greater certainty, the person who may be made subject to the order continues to be liable to be dealt with under the Code of Service Discipline for the purpose of the hearing.
the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and
the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;
The warrant may be executed anywhere in or outside Canada by a peace officer who has jurisdiction in that place or over the person. The warrant remains in force until it is executed.
If a person fails to appear at the place, day and time set out in an order made under subsection 196.14(4) or 196.24(4), a military judge may issue a warrant in the prescribed form for their arrest to allow samples of bodily substances to be taken.
in any other case, on the day on which the order authorizing the taking of the samples is made or as soon as feasible afterwards.
at the place, day and time set out in an order made under subsection 196.14(4) or as soon as feasible afterwards; or
The samples shall be taken by a peace officer who has jurisdiction over the person or in the place in which the samples are taken — or a person acting under their direction — who is able, by virtue of training or experience, to take them.
A peace officer who is authorized under section 196.14 or 196.24 to take samples of bodily substances may cause the samples to be taken in any place in or outside Canada in which the person who is subject to the order or authorization is located.
Subsections (1) to (1.2) apply even if the order or authorization to take the samples of bodily substances is appealed.
If a person fails to appear as required by an order made under subsection 196.14(4) or 196.24(4), samples of bodily substances shall be taken
Samples of bodily substances shall be taken as authorized under section 196.24
Samples of bodily substances shall be taken as authorized under section 196.14
in any other case, as soon as feasible after the authorization is granted.
at the place, day and time set out in an order made under subsection 196.24(4) or as soon as feasible afterwards; or
as soon as feasible after the person appears at the place set out in the order if no warrant is issued.
when the person is arrested under a warrant issued under subsection 196.161(1) or as soon as feasible afterwards; or
the Court Martial Administrator, in the case of an order made by a court martial under section 196.14.
the military judge who issued the warrant under section 196.12 or 196.13 or who granted the authorization under section 196.24, or another military judge; or
If a peace officer does not execute a warrant that was issued in accordance with section 196.13, the peace officer must make a report stating the reasons why the warrant was not executed.
The peace officer who takes the samples or causes the samples to be taken under their direction at the request of another peace officer shall send a copy of the report to the other peace officer unless that other peace officer had jurisdiction to take the samples.
The report shall state the time and date the samples were taken, and describe the bodily substances that were taken.
A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the samples are taken, make a written report in the prescribed form and cause the report to be filed with
the taking of blood by pricking the skin surface with a sterile lancet.
the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or
the plucking of individual hairs, including the root sheath;
A peace officer who is authorized to take samples of bodily substances from a person by an order made under section 196.14 or an authorization granted under section 196.24, or a person acting under their direction, may take fingerprints from the person for the purpose of the DNA Identification Act.
The warrant or order shall include any terms and conditions that the military judge or court martial considers advisable to ensure that the taking of the samples is reasonable in the circumstances.
A peace officer, or a person acting under a peace officer’s direction, is authorized by a warrant issued under section 196.12 or 196.13, an order made under section 196.14 or an authorization granted under section 196.24 to take samples of bodily substances by any of the following means:
in the case of samples of bodily substances taken in execution of a warrant, the possibility that the results of forensic DNA analysis may be used in evidence.
the authority of the peace officer and any person acting under the officer’s direction to use as much force as is reasonably necessary for the purpose of taking the samples; and
the purpose of taking the samples;
the nature of the investigative procedures by means of which the samples are to be taken;
the contents of the warrant or order;
A peace officer, or any person acting under a peace officer’s direction, who takes samples of bodily substances from a person shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances.
A person from whom samples of bodily substances are to be taken may, for that purpose, be detained for a period that is reasonable in the circumstances and be required to accompany a peace officer.
Before taking samples of bodily substances from a person, or causing samples to be taken under their direction, in execution of a warrant issued under section 196.12 or 196.13 or an order made under section 196.14 or under an authorization granted under section 196.24, a peace officer shall inform the person of
If the person’s DNA profile is not in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall execute the order or authorization and transmit to the Commissioner
If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall
Before taking samples of bodily substances from a person under an order made under section 196.14 or an authorization granted under section 196.24, a peace officer, or a person acting under their direction, shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains the person’s DNA profile.
transmit a copy of the order or authorization containing that confirmation and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner.
confirm in writing on the order or authorization that they have been advised that the person’s DNA profile is in the national DNA data bank; and
a copy of the order or authorization and any other information prescribed by regulations made under the DNA Identification Act.
any bodily substances taken; and
the expiry of one year after the charge is withdrawn unless during that year the person is again charged with the designated offence or any other offence in respect of the same transaction.
the person is finally acquitted of the designated offence and of any other offence in respect of the same transaction; or
the results of the analysis establish that the bodily substance referred to in paragraph 196.12(1)(b) was not from that person;
Bodily substances that are provided voluntarily by a person and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of the analysis establish that the bodily substance referred to in paragraph 196.12(1)(b) was not from that person.
A military judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the judge considers appropriate if the judge is satisfied that they might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.
Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 196.12 and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after
the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost.
a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 196.14; or
If the military judge authorizes the taking of samples of bodily substances from a person who is not in custody, an order in the prescribed form shall be directed to the person requiring them to report at the place, day and time set out in the order and submit to the taking of the samples.
For greater certainty, the person who may be made subject to the authorization continues to be liable to be dealt with under the Code of Service Discipline for that purpose.
The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the information or bodily substances were not transmitted in accordance with the regulations or were lost.
A military judge may, on ex parte application made in the prescribed form within a reasonable time, authorize, in the prescribed form, the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose if
If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is a designated offence, the Director shall transmit that opinion, with written reasons, to the Commissioner.
If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Director shall inform the Commissioner of that opinion.
If the Director of Military Prosecutions is of the opinion that the defect is due to a clerical error, the Director shall
On receipt of a notice from the Commissioner under subsection 5.2(1) of the DNA Identification Act that an order made under section 196.14 or an authorization granted under section 196.24 appears to be defective, the Director of Military Prosecutions shall review the order or authorization and the court record.
transmit a copy of the corrected order or authorization, if any, to the Commissioner.
apply, ex parte, to the military judge who made the order, or to another military judge, to have it corrected; and
the ground referred to in paragraph (a) outweighs in importance the access to the information.
the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and
An application to terminate the order or vary any of its terms and conditions may be made to the military judge who made the order or to another military judge.
If an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the military judge considers desirable in the circumstances, including terms and conditions concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the military judge immediately on determination of the application, and that packet shall be kept in the custody of the Court Martial Administrator in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).
For the purpose of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure
A military judge may, on application made at the time of issuing a warrant, make an order prohibiting access to and the disclosure of any information relating to the warrant on the ground that
prejudice the interests of an innocent person; and
endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or
compromise the nature and extent of an ongoing investigation,
compromise the identity of a confidential informant,
for any other sufficient reason.
if disclosure of the information would
section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act.
section 128 (conspiracy); or
section 127 (negligent handling of dangerous substances);
section 124 (negligent performance of duties), if the negligence results in death or bodily harm;
section 119 (false evidence);
section 118.1 (failure to appear or attend);
section 118 (offences in relation to tribunals);
paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud;
paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful;
section 115 (receiving);
section 114 (stealing);
section 113 (causing fires);
paragraphs 111(1)(a) and (b) (improper driving of vehicles);
section 102 (hindering arrest or confinement or withholding assistance);
section 101.1 (failure to comply with conditions);
section 101 (escape from custody);
section 100 (setting free without authority or allowing or assisting escape);
section 95 (abuse of subordinates);
paragraphs 87(a) to (c) (resisting arrest or custody);
section 84 (striking or offering violence to a superior officer);
paragraphs 81(a) and (b) (offences related to mutiny);
section 80 (mutiny without violence);
section 79 (mutiny with violence);
section 78 (spying for the enemy);
paragraphs 77(a) and (d) to (i) (offences related to operations);
paragraphs 75(a) to (d) (offences related to security);
The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law.
Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described in subsection (1).
Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act.
in respect of a court martial held outside Canada, the province with which the Minister makes arrangements for the benefit and welfare of the accused person; (province concernée)
in respect of a court martial held in Canada, the province in which it is held, or
significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public — including any victim of or witness to the offence, or any person under the age of 18 years — resulting from conduct that is criminal in nature but not necessarily violent. (risque important pour la sécurité du public)
Review Board means the Review Board established or designated for a province pursuant to subsection 672.38(1) of the Criminal Code; (commission d’examen)
medical practitioner means a person who is entitled to practise medicine by the laws of a province; (médecin)
disposition means an order made by a court martial under section 201, 202 or 202.16 or a finding made by a court martial under subsection 202.161(4); (décision)
assessment means an assessment of the mental condition of the accused person, and any incidental observation or examination of the accused person; (évaluation)
appropriate province means
A finding of unfit to stand trial shall not prevent the accused person from being tried subsequently on the same charge where the accused person becomes fit to stand trial.
Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether the accused person is unfit to stand trial, the court martial may make an order for an assessment of the accused person.
An accused person or a prosecutor who makes an application under subsection (2) has the burden of proof that the accused is unfit to stand trial.
Subject to section 199, where at any time after the commencement of a trial by court martial the court martial has reasonable grounds to believe that the accused person is unfit to stand trial, the court martial may direct, of its own motion or on application of the accused person or the prosecutor, that the issue of fitness be tried, and a finding shall be made by the court martial as to whether the accused person is unfit to stand trial.
An accused person is presumed fit to stand trial unless the court martial is satisfied on the balance of probabilities that the accused person is unfit to stand trial.
Where a court martial postpones directing the trial of an issue pursuant to subsection (1) and the accused person is found not guilty or proceedings are otherwise terminated, the issue shall not be tried.
Where the trial of an issue referred to in subsection 198(2) arises before the close of the case for the prosecution, the court martial may postpone directing the trial of the issue until a time not later than the opening of the case for the defence or, on motion of the accused person, such later time as the court martial may direct.
Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under subsection (2) or under section 202, the court martial may make an order for an assessment of the accused person.
Where the finding on trial of the issue is that an accused person is unfit to stand trial, the court martial shall
Where the finding of a court martial on trial of the issue is that an accused person is fit to stand trial, the court martial shall continue its proceedings as if the issue of fitness had never arisen.
hold a hearing and make a disposition under section 201 in respect of the accused person if it is satisfied that it can readily do so and that a disposition should be made without delay.
set aside any plea that has been made; and
by order, direct that the accused person be detained in custody in a hospital or other appropriate place determined by the court martial, subject to such conditions as the court martial considers appropriate.
by order, direct that the accused person be released from custody subject to such conditions as the court martial considers appropriate; or
No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person.
When a court martial makes a disposition by virtue of subsection 200(2), it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is necessary and appropriate in the circumstances:
If a court martial holds a hearing referred to in section 202.201, the court martial shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the disposition that the accused
Sections 672.67 to 672.71 of the Criminal Code apply, with any modifications that the circumstances require, to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province.
Notwithstanding a finding that the accused person is fit to stand trial, the court martial may order an accused person to continue to be detained in custody in a hospital or other appropriate place until the completion of the trial, where the court martial has reasonable grounds to believe that the accused person will become unfit to stand trial unless so detained.
A disposition made in respect of an accused person under section 201, 202 or 202.16 shall come into force on the day that it is made or on any later day that the court martial specifies in it, and shall remain in force until the Review Board of the appropriate province holds a hearing and makes a disposition under section 672.83 of the Criminal Code.
A court martial may direct that treatment of an accused person be carried out pursuant to a disposition made under this section without the consent of the accused person or a person who, according to the laws of the jurisdiction where the disposition is made, is authorized to consent for the accused person.
A court martial shall not make a disposition under this section without the consent of the person in charge of the hospital or place where the accused person is to be treated or of the person to whom responsibility for the treatment of the accused person is assigned by the court martial.
In subsection (5), electro-convulsive therapy and psychosurgery have the meaning assigned by the regulations.
A court martial shall not direct, and no direction given pursuant to a disposition made under this section shall include, the performance of psychosurgery or electro-convulsive therapy or any other prohibited treatment prescribed in regulations.
On receipt of the notice referred to in subsection (3.1), an accused person may challenge an application of the prosecutor under this section, and may adduce any evidence for that purpose.
A court martial shall not make a disposition under this section unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.
The evidence required by a court martial for the purposes of subsection (2) shall be a statement by a medical practitioner that the practitioner has made an assessment of the accused person and is of the opinion, based on the grounds specified, that
No disposition may be made under this section unless the court martial is satisfied, on the basis of evidence described in subsection (3), that a specific treatment should be administered to the accused person for the purpose of making the accused person fit to stand trial.
Where the finding on trial of the issue is that an accused person is unfit to stand trial and the court martial has not made a disposition under section 201, the court martial may, on application by the prosecutor, by order, direct that treatment of the accused person be carried out for a specified period not exceeding sixty days, subject to such conditions as the court martial considers appropriate, and, where the accused person is not detained in custody, direct that the accused person submit to that treatment by the person or at the place specified in the order.
the psychiatric and other related medical treatment specified is the least restrictive and least intrusive treatment that could, in the circumstances, be specified for the purpose referred to in subsection (2), taking into consideration the opinions stated in paragraphs (b) and (c).
the risk of harm to the accused person from the psychiatric and other related medical treatment specified is not disproportionate to the benefit anticipated to be derived from it; and
the psychiatric treatment and any other related medical treatment specified by the practitioner will likely render the accused person fit to stand trial within a period not exceeding sixty days and that without that treatment the accused person is likely to remain unfit to stand trial;
the accused person, at the time of the assessment, was unfit to stand trial;
In proceedings directed pursuant to subsection (2), the burden of proof that the accused person has subsequently become fit to stand trial is on the party who asserts it, and is discharged by proof on the balance of probabilities.
Notwithstanding the opinion of a Review Board or the chairperson of a Review Board that an accused person is fit to stand trial, the Chief Military Judge or a military judge assigned by the Chief Military Judge may, on application, order the accused person to be detained in custody in a hospital or other appropriate place until a court martial makes a finding under subsection (2) if satisfied that there are reasonable grounds to believe that the accused person will become unfit to stand trial unless so detained.
On receipt of a copy of the order, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue and make a finding of whether the accused person is fit to stand trial and, where the court martial finds the accused person fit, to try the accused person as if the issue had never arisen.
Where a Review Board or the chairperson of a Review Board, in exercising a power under section 202.25, orders that the accused person be sent back to a court martial for trial of the issue of whether the accused person is fit to stand trial, the Review Board or chairperson shall, immediately after making the order, cause a copy of it to be sent to the Chief Military Judge.
at any other time that the Chief Military Judge may order, where the Chief Military Judge is satisfied on the basis of an application and any other written material submitted by the accused person that there is reason to doubt that there is a prima facie case against the accused person.
not later than two years after that finding and every two years thereafter until the accused person is tried or found not guilty in respect of the offence; or
If, on the completion of an inquiry held pursuant to this section, the court martial is satisfied that sufficient admissible evidence cannot be adduced to put the accused person on trial, the court martial shall find the accused person not guilty of the charge.
Despite paragraph (1)(a), the Chief Military Judge may extend the period for holding an inquiry if he or she is satisfied on the basis of an application by the Director of Military Prosecutions or the accused person that the extension is necessary for the proper administration of military justice.
If a finding of unfit to stand trial is made by a court martial in respect of an accused person, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to hold an inquiry and determine whether sufficient admissible evidence can be adduced at that time to put the accused person on trial
on the basis of any relevant information, including disposition information within the meaning of the regulations and an assessment report made under an assessment ordered by the Review Board under paragraph 672.121(a) of the Criminal Code, the Review Board is of the opinion that
the Review Board has held a hearing under section 672.81 or 672.82 of the Criminal Code in respect of the accused person; and
the accused person does not pose a significant threat to the safety of the public.
the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial, and
If a stay of proceedings is ordered by the court martial, any disposition made in respect of the accused person ceases to have effect. If a stay of proceedings is not ordered, the finding of unfit to stand trial and any disposition made in respect of the accused person remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused person, in exercising a power under section 672.83 of the Criminal Code.
To determine whether a stay of proceedings is in the interests of the proper administration of military justice, the court martial shall consider any submissions of the prosecutor, the accused person and all other parties and the following factors:
The court martial may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied
If the court martial holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused person.
Subject to the regulations, if a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether a stay of proceedings should be ordered, the court martial may make an order for an assessment of the accused person.
Subject to the regulations, a court martial having jurisdiction over an accused person may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court martial is of the opinion, on the basis of any relevant information, that
As soon as practicable after receiving the notice referred to in subsection (2), the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial for the purpose of determining whether an inquiry should be held to determine whether a stay of proceedings should be ordered and to hold, as soon as practicable, the inquiry if the court martial determines that it is appropriate.
If the Review Board makes a recommendation referred to in subsection (1), the Review Board shall provide notice to the accused person, the Director of Military Prosecutions, the Chief Military Judge and any other party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused person.
The Review Board may, of its own motion, make a recommendation to the Chief Military Judge to cause a court martial to be convened for holding an inquiry to determine whether a stay of proceedings should be ordered in respect of an accused person found unfit to stand trial if
the accused person does not pose a significant threat to the safety of the public.
the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial; and
that a stay is in the interests of the proper administration of military justice.
that the accused does not pose a significant threat to the safety of the public; and
on the basis of clear information, that the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial;
any other factor that the court martial considers relevant.
the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 202.12 to decide whether sufficient evidence can be adduced to put the accused person on trial; and
the salutary and deleterious effects of the order for a stay of proceedings, including the effect on public confidence in the administration of military justice;
the nature and seriousness of the alleged offence;
Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether the accused person was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from responsibility, the court martial may make an order for an assessment of the accused person.
The burden of proof that an accused person was suffering from a mental disorder so as to be exempt from responsibility is on the party raising the issue.
Every person is presumed not to suffer from a mental disorder so as to be exempt from responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.
No accused person shall be held responsible under this Act for a service offence in respect of an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.
A finding of not responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act for which a greater punishment is prescribed by reason of previous convictions.
Where a finding of not responsible on account of mental disorder is made, the accused person shall not be found guilty or convicted of the offence, but
If a court martial finds that an accused person committed the act or made the omission that forms the basis of the offence charged but was suffering at the time from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed the act or made the omission but is not responsible on account of mental disorder.
the Parole Board of Canada or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence.
the finding does not include a finding or determination respecting civil liability; and
[Repealed, 2019, c. 15, s. 33]
the finding may be considered in making an order under Division 3 in respect of that person;
[Repealed, 1998, c. 35, s. 51]
any court martial or the Court Martial Appeal Court may consider the finding in considering an application for release pending appeal under Division 10 or in considering the dispositions to make or sentence to impose against that person for any other offence;
any civil court may take into account the finding in considering any application for judicial interim release or in considering the dispositions to make or sentence to impose against that person for any other offence;
the accused person may not be tried or tried again in respect of that offence or any other substantially similar offence arising out of the facts that gave rise to that offence;
Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under this section, the court martial may make an order for an assessment of the accused person.
Where a court martial makes a finding of not responsible on account of mental disorder in respect of an accused person, the court martial shall hold a hearing and make a disposition under section 202.16, where the court martial is satisfied that it can readily make a disposition in respect of the accused person and that a disposition should be made without delay.
by order, direct that the accused person be detained in custody in a hospital or other appropriate place determined by the court martial, subject to such conditions as the court martial considers appropriate.
by order, direct that the accused person be released from custody subject to such conditions as the court martial considers appropriate; or
by order, direct that the accused person be released from custody without conditions if, in the opinion of the court martial, the accused person is not a significant threat to the safety of the public;
No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person.
When a court martial makes a disposition by virtue of subsection 202.15(1), it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is necessary and appropriate in the circumstances:
Subject to regulations, if the court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under this section, the court martial may make an order for an assessment of the accused person.
If the court martial finds the accused person to be a high-risk accused, the court martial shall make a disposition under paragraph 202.16(1)(c), but the accused person’s detention must not be subject to any condition that would permit the accused person to be absent from the hospital or other appropriate place unless
In deciding whether to find that the accused person is a high-risk accused, the court martial shall consider all relevant evidence, including
[Repealed, 2019, c. 15, s. 64]
The court martial referred to in subsection (1) or (2) may, at the conclusion of a hearing, find the accused person to be a high-risk accused if the accused person has been found not responsible on account of mental disorder for a serious personal injury offence, the accused person was 18 years of age or more at the time of the commission of the offence and
No application shall be made under subsection (1) or (2) if a disposition has been made to release the accused person from custody without conditions or to discharge the accused person absolutely.
If the court martial has terminated its proceedings in respect of the accused person, the Director of Military Prosecutions may make the application to the Chief Military Judge. On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial.
If a court martial makes a finding under subsection 202.14(1) that an accused person is not responsible on account of mental disorder and it has not terminated its proceedings in respect of the accused person, the Director of Military Prosecutions may make an application to the court martial for a finding that the accused person is a high-risk accused.
the court martial is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.
the court martial is satisfied that there is a substantial likelihood that the accused person will use violence that could endanger the life or safety of another person; or
the opinions of experts who have examined the accused person.
the past and expected course of the accused person’s treatment, including the accused person’s willingness to follow treatment; and
the accused person’s current mental condition;
any pattern of repetitive behaviour of which the offence forms a part;
the nature and circumstances of the offence;
a structured plan has been prepared to address any risk related to the accused person’s absence and, as a result, that absence will not present an undue risk to the public.
it is appropriate, in the opinion of the person in charge of the hospital or other appropriate place, for the accused person to be absent from the hospital or place for medical reasons or for any purpose that is necessary for the accused person’s treatment, if the accused person is escorted by a person who is authorized by the person in charge of the hospital or place; and
Subject to regulations, if the court martial has reasonable grounds to believe that evidence of the mental condition of the accused person is necessary for the purpose of determining whether to revoke the finding, the court martial may make an order for an assessment of the accused person.
If the court martial does not revoke the finding, it shall immediately send to the Review Board, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.
The court martial shall, at the conclusion of a hearing, revoke the finding if the court martial is satisfied that there is not a substantial likelihood that the accused person will use violence that could endanger the life or safety of another person, in which case sections 202.15 and 202.21 apply as if the court martial has made a finding of not responsible on account of mental disorder.
On receipt of a copy of the decision, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to review the finding.
If a Review Board, in exercising a power under section 202.25, decides to refer to a court martial for review under subsection 672.84(1) of the Criminal Code a finding that an accused person is a high-risk accused, the Review Board shall, immediately after making the decision, cause a copy of it to be sent to the Chief Military Judge.
the prosecutor, having been given a reasonable opportunity to do so, shows that the detention of the accused person in custody is justified having regard to all the circumstances, including those set out in paragraphs 158(1)(a) to (e).
custody of the accused person is required in respect of any other matter or by virtue of any other provision of this Act or the Criminal Code; or
the court martial is satisfied that on the evidence custody is necessary to assess the accused person, or that on the evidence of a medical practitioner custody is desirable to assess the accused person and the accused person consents to custody;
No assessment order made under this Division shall direct that any psychiatric or other treatment of an accused person be carried out or direct that the accused person submit to such treatment.
For the purposes of subparagraph (1)(a), where the prosecutor and the accused person agree, the evidence of a medical practitioner may be in the form of a report in writing.
An accused person shall not be placed in custody under an assessment order made by a court martial under this Division unless
Subject to subsection 202.17(1), a court martial may, at any time while an assessment order made by the court martial under this Division is in force, if it is established to the satisfaction of the court martial on a balance of probabilities that it is necessary to do so, vary the terms and conditions respecting the custody or release from custody of the accused person specified in the order in such manner as the court martial considers appropriate in the circumstances.
During the period that an assessment order made by a court martial under this Division is in force, no order may be made for custody or release from custody of the accused person under any provision of Division 3 or for release from detention or imprisonment under any provision of Division 10 in respect of that offence or an included offence.
Subject to regulations, an assessment report shall form part of the record of the proceedings in respect of which it was prepared.
Subject to regulations, where an assessment report is filed pursuant to subsection (2), the court martial shall cause copies of it to be sent to the prosecutor, the accused person and any counsel representing the accused person.
An assessment report shall be filed with the court martial that ordered it at the place and within the period specified by the court martial.
An assessment order made by a court martial under this Division may require the person who makes the assessment to submit in writing an assessment report on the mental condition of the accused person.
[Repealed, 2019, c. 15, s. 65]
On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the hearing to permit a victim to prepare a statement or to present evidence referred to in subsection (19) if it is satisfied that the adjournment would not interfere with the proper administration of military justice.
As soon as feasible after a finding of not responsible on account of mental disorder is made and before making a disposition, the court martial shall inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim has been advised that they may prepare a statement.
The Court Martial Administrator shall, as soon as feasible after receiving a victim’s statement, ensure that a copy is provided to the prosecutor and to the accused person or their counsel.
Whether or not a statement has been prepared and filed, the court martial may consider any other evidence concerning any victim of the offence for the purpose of making or reviewing the disposition.
Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to read their statement or to present the statement in any other manner that the court martial considers appropriate.
A victim’s statement must be prepared in the form, and filed in accordance with the procedures, provided for by regulations made by the Governor in Council.
For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.
A court martial that reviews a disposition shall, on receipt of an assessment report, determine if there has been any change in the accused person’s mental condition since the disposition was made or last reviewed that may provide grounds for the accused person’s release from custody under section 202.16. If the court martial determines that there has been such a change, it shall notify every victim of the offence that they may prepare a statement.
If the accused person agrees, the court martial may permit them to appear by closed-circuit television or any other means that allows the court martial and the accused person to engage in simultaneous visual and oral communication, for any part of the hearing, so long as the accused person is given the opportunity to communicate privately with counsel if they are represented by counsel.
A party may not compel the attendance of witnesses, but may request the court martial to do so.
Any party may adduce evidence, make oral or written submissions, call witnesses and cross-examine any witness called by any other party and, on application, cross-examine any person who made an assessment report that was submitted in writing to the court martial.
The court martial may permit the accused person to be absent during the entire hearing or any part of it on any conditions that the court martial considers appropriate. The court martial may also cause the accused person to be removed and barred from re-entry for the entire hearing or any part of it for any of the following reasons:
Subject to subsection (11), the accused person has the right to be present during the entire hearing.
A court martial shall, either before or at the time of the hearing of an accused person who is not represented by counsel, direct that counsel be provided by the Director of Defence Counsel Services if the accused person has been found unfit to stand trial or the interests of military justice require that counsel be provided.
The accused person or any other party has the right to be represented by counsel.
If the court martial considers it to be in the accused person’s best interests and not contrary to the public interest, it may order the public or any members of the public to be excluded from the hearing or any part of it.
If the accused person is released from custody without conditions under paragraph 202.16(1)(a) or with conditions under paragraph 201(1)(a) or 202.16(1)(b), a notice of the release and the accused person’s intended place of residence shall, at the victim’s request, be given to the victim within the time and in the manner fixed by regulations.
The court martial shall, at the request of a victim of the offence, give the victim notice of the hearing and of the relevant provisions of this Act.
The court martial shall give notice of the hearing to the parties.
The court martial may designate as a party any person who has a substantial interest in protecting the accused person’s interests, if the court martial is of the opinion that it is just to do so.
The hearing may be conducted in as informal a manner as is appropriate in the circumstances.
A hearing by a court martial to make or review a disposition in respect of an accused person shall be held in accordance with this section and the regulations.
the court martial is satisfied that the accused person should not be present for the hearing of evidence, oral or written submissions, or the cross-examination of any witness respecting the existence of grounds for removing the accused person under paragraph (b).
the court martial is satisfied that the accused person’s presence would likely endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused person; or
the accused person is interrupting the hearing and it is not feasible to continue it in the accused person’s presence;
comply with any other condition specified in the disposition that the court martial considers necessary to ensure the safety and security of those persons.
abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the disposition, or refrain from going to any place specified in the disposition; or
Where a disposition is made under paragraph 201(1)(b) or 202.16(1)(c) and the accused person is convicted or discharged conditionally under the Criminal Code by a civil court in respect of another offence but is not sentenced to a term of imprisonment in respect of that other offence, the disposition shall come into force and, notwithstanding any provision of the Criminal Code, takes precedence over any probation order made in respect of the offence.
Pending a disposition by the Review Board, where a court martial
Notwithstanding subsection (1), a court martial may, on cause being shown, cancel any order or direction referred to in subsection (1) and make any other order or direction for the custody or release from custody of the accused person that the court martial considers to be appropriate in the circumstances, including an order directing that the accused person be detained in custody in a hospital or other appropriate place pending a disposition in respect of the accused person made by the Review Board.
Where a court martial makes a finding of unfit to stand trial or not responsible on account of mental disorder in respect of an accused person and does not make a disposition in respect of the accused person under section 201, 202 or 202.16, any order or direction for the custody or release from custody of the accused person that is in force at the time the finding is made continues in force, subject to its terms, until a disposition in respect of the accused person is made by the Review Board.
imposes a sentence of imprisonment or detention on the accused person, that sentence takes precedence over any prior disposition made under paragraph 201(1)(b) or 202.16(1)(c).
makes a disposition under paragraph 201(1)(b) or 202.16(1)(c) in respect of an accused person, that disposition takes precedence over any prior sentence of imprisonment or detention of the accused person; or
Where a court martial makes a disposition in respect of an accused person under section 201 or 202.16 directing that the accused person be placed and detained in custody in a hospital or other appropriate place, a committing authority referred to in subsection 219(1) shall issue a committal order in such form as is prescribed by regulation.
If the court martial does not hold a hearing referred to in subsection (3), it shall send without delay to the Review Board of the appropriate province, following a verdict of unfit to stand trial or not responsible on account of mental disorder, in original or copied form, any transcript of the proceedings in respect of the accused, any document or information relating to the proceedings and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.
If a court martial holds a hearing under subsection 200(2) or 202.15(1), whether or not it makes a disposition, it shall send without delay to the Review Board of the appropriate province, in original or copied form, a transcript of the hearing, any document or information relating to the hearing and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.
After making a disposition in respect of an accused person under section 201, 202 or 202.16, a court martial shall state its reasons for making the disposition in the record of the proceedings, and shall provide or cause to be provided to the accused person, the prosecutor and the person in charge of the hospital or other appropriate place where the accused person is detained in custody or is to attend pursuant to the disposition a copy of the disposition and those reasons.
Any procedural irregularity in relation to a hearing held by a court martial or Review Board does not affect the validity of the proceedings unless the accused person suffers substantial prejudice thereby.
Where a Review Board receives a notice pursuant to subsection (4), it may exercise the powers and shall perform the duties referred to in the Criminal Code in respect of the accused person as if the Review Board were conducting a review of a disposition.
If a justice or commanding officer before whom an accused person is taken is satisfied that there are reasonable grounds to believe that the circumstances referred to in paragraph (2)(a) or (b) exist, the justice or commanding officer may, pending a hearing of a Review Board with respect to the disposition or a hearing of a court martial or Review Board with respect to the assessment order, make an order that is appropriate in the circumstances in relation to the accused person, including an order that the accused person be delivered to a place that is specified in the disposition or assessment order. If the justice or commanding officer makes an order under this subsection, notice shall be given to the Review Board that made the disposition or to the court martial or Review Board that made the assessment order.
If the justice or commanding officer releases the accused, notice shall be given to the Review Board that made the disposition or to the court martial or Review Board that made the assessment order.
A justice or commanding officer shall release an accused who is brought before them unless they are satisfied that there are reasonable grounds to believe that the circumstances referred to in paragraph (2)(a) or (b) exist.
If a justice having jurisdiction in the territorial division in which the accused person is arrested or a commanding officer is not available within a period of twenty-four hours after the arrest, the accused person shall be taken before a justice or commanding officer as soon as practicable.
An accused person referred to in subsection (2.1) who is not released or an accused person arrested under subsection (2) who is subject to a disposition of a court martial made under paragraph 201(1)(b), subsection 202(1) or paragraph 202.16(1)(c) or a disposition of a Review Board made under paragraph 672.54(c) of the Criminal Code shall be taken to a justice having jurisdiction in the territorial division in which the accused person is arrested or a commanding officer without unreasonable delay and in any event within a period of twenty-four hours after the arrest.
The member of the military police or other peace officer shall not release the accused person if he or she has reasonable grounds to believe
The member of the military police or other peace officer who makes an arrest under subsection (2) may release an accused person arrested under that subsection who is subject to a disposition made by a court martial under paragraph 201(1)(a) or 202.16(1)(b), a disposition made by a Review Board under paragraph 672.54(b) of the Criminal Code or an assessment order and deliver the accused person to the place specified in the disposition or assessment order.
A member of the military police or any other peace officer within the meaning of the Criminal Code may arrest an accused person without a warrant if he or she has reasonable grounds to believe that the accused person
In this section, justice means a justice as defined in section 2 of the Criminal Code.
has contravened or wilfully failed to comply with the disposition or any condition of a disposition or assessment order, or is about to do so.
is at large contrary to the terms of a disposition made by a court martial under section 201, 202 or 202.16 or by a Review Board; or
prevent the accused person from doing anything referred to in paragraph (2)(a) or (b); or
prevent the commission of an offence, or
establish the terms and conditions of the disposition or assessment order referred to in subsection (2.1),
establish the identity of the accused person,
that the accused person is subject to a disposition or an assessment order of a Review Board of another province.
that it is necessary in the public interest that the accused person be detained in custody having regard to all the circumstances, including the need to
Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of
No protected statement or reference to a protected statement made by an accused person is admissible in evidence, without the consent of the accused person, in any proceeding before a court, court martial, tribunal, body or person with jurisdiction to compel the production of evidence.
In this section, protected statement means a statement made by the accused person, during the course and for the purposes of an assessment ordered under this Division or treatment directed by a disposition made under section 202, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction.
establishing the perjury of an accused person who is charged with perjury in respect of a statement made in any proceeding.
challenging the credibility of an accused person in any proceeding where the testimony of the accused person is inconsistent in a material particular with a protected statement that the accused person made previously; or
determining whether the accused person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from responsibility by virtue of subsection 202.13(1), if the accused person puts his or her mental capacity to form the requisite intent into issue or if the prosecutor raises the issue after a finding is made of not responsible on account of mental disorder;
determining whether the balance of the mind of the accused person was disturbed at the time of commission of the alleged offence, where the accused person is a female charged with an offence arising out of the death of her newly-born child;
determining under subsection 202.162(3) whether to revoke a finding that an accused person is a high-risk accused;
making a disposition or placement decision respecting the accused person;
determining whether the accused person is unfit to stand trial;
For the purpose of subsection (1), the reference to subsection 672.851(1) of the Criminal Code in paragraph 672.121(a) of that Act shall be read as a reference to subsection 202.121(1) of this Act.
For the purpose of subsection (1), a reference to the Attorney General of a province in which a hearing is held under subsection 672.5(3) of the Criminal Code and a reference to the Attorney General in subsections 672.81(1.1) and (1.31) of that Act shall be read as a reference to the Director of Military Prosecutions. [2014, c. 6, s. 32]
For the purpose of subsection (1), a reference to the Attorney General in subsections 672.81(1.1) and (1.31) of the Criminal Code shall be read as a reference to the Director of Military Prosecutions. [2014, c. 6, s. 28]
For the application of subsection (1), a reference to the attorney general of a province in which a hearing is held under subsection 672.5(3) of the Criminal Code shall be read as a reference to the Director of Military Prosecutions.
Review Boards and their chairpersons may exercise the powers and shall perform the duties assigned to them under the Criminal Code, with any modifications that the circumstances require and unless the context otherwise requires, in relation to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and in relation to dispositions made under section 201 or 202.16 or subsection 202.161(4), except for the powers and duties referred to in subsections 672.5(8.1) and (8.2) and sections 672.851 and 672.86 to 672.89 of the Criminal Code.
In making an order under section 203.9, the court martial shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court martial is of the opinion that the amount should be paid in instalments, in which case the court martial shall set out a periodic payment scheme in the order.
The offender’s financial means or ability to pay does not prevent the court martial from making an order under section 203.9.
Only one sentence shall be passed on an offender at a trial under the Code of Service Discipline and, if the offender is convicted of more than one offence, the sentence is good if any one of the offences would have justified it.
A civil remedy for an act or omission is not affected by reason only that an order of restitution has been made in respect of that act or omission.
A court martial that makes a restitution order shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid.
An order under section 203.9 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid.
When a court martial imposes a sentence for an offence that is committed for the benefit of, at the direction of, or in association with, a criminal organization, the court martial shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely may, on application of the Director of Military Prosecutions or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:
When a court martial imposes a sentence for an offence that involved the abuse of a person under the age of 18 years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.
Sentences must be imposed in accordance with the following other principles:
A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
The fundamental purpose of sentencing is to be achieved by imposing just punishments that have one or more of the following objectives:
The fundamental purpose of sentencing is to maintain the discipline, efficiency and morale of the Canadian Forces.
to promote a sense of responsibility in offenders and an acknowledgment of the harm done to victims or to the community.
to provide reparations for harm done to victims or to the community; and
to separate offenders, if necessary, from other officers or non-commissioned members or from society generally;
to assist in reintegrating offenders into military service;
to assist in rehabilitating offenders;
to deter offenders and other persons from committing offences;
to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
to maintain public trust in the Canadian Forces as a disciplined armed force;
to promote a habit of obedience to lawful commands and orders;
the offence was a terrorism offence;
the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or
the offence was committed in a theatre of hostilities,
the commission of the offence resulted in substantial harm to the conduct of a military operation,
in the case of an offence under any of sections 113 to 116, the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.1(2) of the Criminal Code, or caused it to be unsafe or unfit for use,
in the case of an offence under section 114 or 115, it was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant,
the offence was committed with the use of violence, threats or attempts of violence against another person and the offender has been convicted, within the previous five years, of one or more such offences,
the offence was committed against a person who, in the performance of their duties and functions, was providing services as a first responder,
the offender, in committing the offence, abused a person under the age of 18 years,
the offender, in committing the offence, abused their spouse or common-law partner,
the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,
the offender, in committing the offence, abused their rank or other position of trust or authority,
any indirect consequences of the finding of guilty or the sentence should be taken into consideration.
a sentence should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces; and
all available punishments, other than imprisonment and detention, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders;
an offender should not be deprived of liberty by imprisonment or detention if less restrictive punishments may be appropriate in the circumstances;
a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;
a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and aggravating circumstances include, but are not restricted to, evidence establishing that
the prosecutor shall establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction of the accused person.
subject to paragraph (c), the court martial shall be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and
the court martial shall request that evidence be adduced as to the existence of the fact unless it is satisfied that sufficient evidence was adduced at trial;
In the case of a General Court Martial, the court martial
If there is a dispute with respect to any fact that is relevant to the determination of a sentence,
may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact.
shall accept as proven all facts, express or implied, that are essential to the court martial panel’s finding of guilty; and
Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.
Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to present the statement by
The victim’s statement must be filed in accordance with regulations made by the Governor in Council.
For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.
presenting it in any other manner that the court martial considers appropriate.
subject to subsection 203.7(4), reading it outside the courtroom or behind a screen or other device that would allow the victim not to see the offender; or
reading it in the presence and close proximity of any support person of the victim’s choice or a support animal;
reading it;
In considering the statement, the court martial shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection 203.6(1) and disregard any other portion.
The victim shall not present the statement outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
During the presentation
On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the proceedings to permit a victim to prepare a statement or to present evidence in accordance with subsection 203.6(4), if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
As soon as feasible after a finding of guilt and in any event before imposing sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection 203.6(1).
if the statement is presented by an individual acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings.
the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings; or
Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the Canadian Forces for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.
The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.
The court martial shall, at the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate.
The statement must be prepared by an officer or non-commissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council.
On application of the prosecutor or a person acting on behalf of the Canadian Forces or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (5) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).
When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale.
Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.
The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.
The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by
The statement must be filed in accordance with regulations made by the Governor in Council.
On application of the prosecutor or the community or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).
When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made by an individual on a community’s behalf, describing the harm or loss suffered by the community as a result of the commission of the offence and the impact of the offence on the community.
presenting it in any other manner that the court martial considers appropriate.
subject to subsection (4), reading it outside the courtroom or behind a screen or other device that would allow the individual not to see the offender; or
reading it in the presence and close proximity of any support person of the individual’s choice or a support animal;
reading it;
A court martial may require the offender to appear before it and, after giving the offender and the applicant an opportunity to make representations, may vary the order if, in its opinion, the variation is desirable because of changed circumstances after the conditions were prescribed.
On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue.
The application shall be made to the Chief Military Judge if the offender is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 729.2 of the Criminal Code.
The person identified in the order or the prosecutor may at any time make an application to vary the order.
The prohibition may be for life or for any shorter duration that the court martial considers desirable.
When an offender is convicted of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the court martial that imposes a sentence on the offender may make an order prohibiting the offender from having any contact — including by communicating by any means — with any victim, witness or other person identified in the order except in accordance with any conditions specified in the order that the court martial considers necessary.
A reference in any Act of Parliament to a discharge under section 730 of the Criminal Code is deemed to include an absolute discharge under subsection (1).
If a court martial directs that an offender be discharged absolutely of an offence, the offender is deemed not to have been convicted of the offence, except that
If an accused person pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years or for life, the court martial before which the accused appears may, if it considers it to be in the accused person’s best interests and not contrary to the public interest, instead of convicting the accused person, direct that they be discharged absolutely.
the offender may plead autrefois convict in respect of any subsequent charge relating to the offence.
the Minister may appeal from the decision not to convict the offender of the offence as if that decision were a finding of not guilty in respect of the offence; and
they may appeal from the determination of guilt as if it were a conviction in respect of the offence;
If a victim seeks restitution and the court martial does not make a restitution order, it shall include in the court record a statement of its reasons for not doing so.
Victims and other persons may indicate whether they are seeking restitution by completing a form prescribed in regulations made by the Governor in Council and by filing it in accordance with the procedures provided for in regulations made by the Governor in Council, and, if they are seeking restitution, shall establish, in the same manner, their losses and damages, the amount of which must be readily ascertainable.
On application of the prosecutor or on its own motion, the court martial may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
As soon as feasible after a finding of guilt and in any event before imposing the sentence or directing that the offender be discharged absolutely, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.
A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely shall consider making a restitution order under section 203.9.
in the case of bodily harm or threat of bodily harm to a person — who at the relevant time was the offender’s spouse, common-law partner or child or any other member of the offender’s household — as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount that is not more than the actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, if the amount is readily ascertainable.
in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount that is not more than all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable; and
in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount that is not more than the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, if the amount is readily ascertainable;
All or any part of an amount that is ordered to be paid in a restitution order may be taken out of moneys found in the possession of the offender at the time of their arrest if the court martial making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.
An offender who fails to pay an amount that is ordered to be paid in a restitution order by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order, and the person who was to be paid the amount or to whom the periodic payment was to be made, as the case may be, may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Where a punishment referred to in subsection (2) cannot lawfully be carried out by reason of a vessel being at sea or in a port at which there is no suitable place of incarceration, the offender shall as soon as practicable, having regard to the exigencies of the service, be sent to a place where the punishment can lawfully be carried out, and the period of time prior to the date of arrival of the offender at that place shall not be reckoned toward the completion of the term of the punishment.
The only time that shall be reckoned toward the completion of a term of a punishment of imprisonment or detention shall be the time that the offender spends in civil custody or service custody while under the sentence in which that punishment is included.
Subject to subsections (3) and 148(1) and sections 215 to 217, the term of a punishment of imprisonment or detention shall commence on the day on which the court martial pronounces sentence on the offender.
Corrective measures referred to in subsection (2) shall not include whipping, paddling or any of the punishments referred to in paragraphs 139(1)(a) to (l) and shall not be so imposed as to increase the duration of any punishment involving a term of incarceration.
The nature of and the manner of imposing corrective measures for breach of the regulations, orders and rules applicable in respect of service prisons and detention barracks by a person committed thereto as the result of a sentence passed on that person, and the terms and conditions of remission for good conduct of any part of a punishment involving incarceration, shall be as prescribed in regulations made by the Governor in Council.
Such places as are designated by the Minister for the purpose shall be service prisons and detention barracks and any hospital or other place for the reception of sick persons to which a person who is a service convict, service prisoner or service detainee has been admitted shall, in so far as relates to that person, be deemed to be part of the place to which that person has been committed.
A person who orders an offender to attend for a hearing under section 215.2 may, if the offender fails to attend as ordered, issue a warrant for the offender’s arrest in the form prescribed in regulations made by the Governor in Council.
On application by an offender, a condition imposed under subsection 215(3) or varied, added or substituted under this section or section 215.2 may be varied, or another condition may be substituted for that condition, by
The court martial or the Court Martial Appeal Court may, in addition to the conditions described in subsection (2), impose any reasonable conditions.
In suspending the execution of a punishment, the court martial or the Court Martial Appeal Court, as the case may be, shall impose the following conditions on the offender:
The court martial or the Court Martial Appeal Court, as the case may be, shall cause a copy of the decision to be given to a victim of the offence if the victim wishes to receive it.
If the court martial or the Court Martial Appeal Court, as the case may be, makes a decision that the execution of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence.
If an offender is sentenced to imprisonment or detention, the execution of the punishment may be suspended by the court martial that imposes the punishment or, if the offender’s sentence is affirmed, is substituted or is imposed on appeal, by the Court Martial Appeal Court.
in the case of an offender who is not an officer or a non-commissioned member, to notify the Provost Marshal in advance of any change of name or address, and to promptly notify the Provost Marshal of any change of employment or occupation.
to attend any hearing under section 215.2 when ordered to do so by the appropriate person referred to in paragraph 215.2(1)(a) or (b); and
to keep the peace and be of good behaviour;
a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court.
a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court.
a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
If a person referred to in paragraph (1)(a) or (b) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may
On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under section 215 or varied, added or substituted under section 215.1 or this section may be made by
vary any conditions imposed under subsection 215(3) or varied, added or substituted under section 215.1 or this section, or add or substitute other conditions, as the person sees fit.
revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or
A suspending authority shall suspend a punishment of detention in the circumstances prescribed by the Governor in Council in regulations.
Where an offender has been sentenced to imprisonment or detention and suspension of the punishment has been recommended, the authority empowered to commit the offender to a penitentiary, civil prison, service prison or detention barrack, as the case may be, may postpone committal until directions of a suspending authority have been obtained.
A suspending authority may — if the reasons described in subsection (2) no longer apply or if the offender’s conduct is inconsistent with the reasons for which the punishment was suspended — revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so.
A suspending authority that suspends a punishment shall provide written reasons for the suspension to any person prescribed in regulations made by the Governor in Council.
A suspending authority may suspend a punishment of imprisonment or detention, whether or not the offender has already been committed to undergo that punishment, if there are imperative reasons relating to military operations or the offender’s welfare.
In this section and section 217, suspending authority means any authority prescribed to be a suspending authority in regulations made by the Governor in Council.
Where a punishment is suspended after committal to undergo the punishment, the offender shall be discharged from the place in which the offender is incarcerated and the currency of the punishment shall be arrested after the day of that discharge until the offender is again ordered to be committed to undergo that punishment.
Where a punishment is suspended before committal to undergo the punishment, the offender shall, if in custody, be discharged from custody and the term of the punishment shall not commence until the offender has been ordered to be committed to undergo that punishment.
A punishment of detention that has been suspended is deemed to be wholly remitted on the expiration of one year commencing on the day the suspension was ordered, unless the punishment has been put into execution prior to the expiration of that period.
A punishment, except a punishment referred to in subsection (3), that has been suspended shall be deemed to be wholly remitted on the expiration of a period, commencing on the day the suspension was ordered, equal to the term of the punishment less any time during which the offender has been incarcerated following pronouncement of the sentence, unless the punishment has been put into execution prior to the expiration of that period.
If a punishment has been suspended, it may at any time, and shall at intervals of not more than three months, be reviewed by a suspending authority. The suspending authority may, at the time of the review and in accordance with regulations made by the Governor in Council, remit the punishment.
A service convict, service prisoner or service detainee, until delivered to the place where that convict, prisoner or detainee is to undergo punishment or while being transferred from one such place to another such place, may be held in any place, either in service custody or in civil custody, or at one time in service custody and at another time in civil custody, as occasion may require, and may be transferred from place to place by any mode of conveyance, under such restraint as is necessary for the safe conduct of that convict, prisoner or detainee.
A committing authority may, by warrant, order that a service convict, service prisoner or service detainee be transferred, from the place to which that convict, prisoner or detainee has been committed to undergo punishment, to any other place in which that punishment may lawfully be put into execution.
A committal order, in such form as is prescribed in regulations, made by a committing authority is a sufficient warrant for the committal of a service convict, service prisoner or service detainee to any lawful place of confinement.
The Minister may prescribe or appoint authorities for the purposes of this section and section 220 and, in this section and section 220, an authority prescribed or appointed under this subsection is referred to as a committing authority.
A service detainee whose punishment of detention is to be put into execution shall as soon as practicable be committed to a detention barrack to undergo the punishment.
A service prisoner whose punishment of imprisonment for less than two years is to be put into execution shall as soon as practicable be committed to a civil prison to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service prisoner be committed to a service prison or detention barrack to undergo the punishment or part thereof.
Where a committing authority orders the committal to a penitentiary of a service convict, part of whose punishment has been undergone in a service prison, the service convict may be so committed notwithstanding that the unexpired portion of the term of that punishment is less than two years.
A service convict whose punishment of imprisonment for life or for two years or more is to be put into execution shall as soon as practicable be committed to a penitentiary to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service convict be committed to a service prison to undergo the punishment or any part of the punishment.
If the punishment of a service convict undergoing punishment in a penitentiary or of a service prisoner undergoing punishment in a civil prison is not suspended under this Act within six months after the date of the committal of that convict or prisoner to that penitentiary or civil prison, the Parole Board of Canada has, subject to Part II of the Corrections and Conditional Release Act, exclusive jurisdiction and absolute discretion to grant, refuse to grant, or revoke the parole of that convict or prisoner.
A service convict, while undergoing punishment in a penitentiary, or a service prisoner, while undergoing punishment in a civil prison, shall be dealt with in the same manner as other prisoners in the place where that convict or prisoner is undergoing punishment, and all rules applicable in respect of a person sentenced by a civil court to imprisonment in a penitentiary or civil prison, as the case may be, in so far as circumstances permit, apply accordingly.
A person who has been found guilty of an offence by a civil court in Canada shall not,
A person transferred under subsection (1) may, in lieu of the incarceration to which that person was sentenced, be imprisoned or detained for the term or the remainder of the term of incarceration to which he was sentenced as though that person had been sentenced to that term by a court martial, and the provisions of this Division are applicable in respect of every person so transferred as though the person had been so sentenced.
A person who has been found guilty of an offence by a civil court in Canada or by a civil or military tribunal of any country other than Canada and sentenced to a term of incarceration may, with the approval of the Chief of the Defence Staff or an officer designated by the Chief of the Defence Staff, be transferred to the custody of the appropriate civil or military authorities of Canada for incarceration under this Act.
if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada.
if sentenced by the civil court to a term of less than two years, be transferred under subsection (1) without the consent of the attorney general of the province in which that person is incarcerated; or
in the case of a person who has been convicted of any other offence, imprisonment for life with normal eligibility for parole.
in the case of a person who has been convicted of an offence of second degree murder, imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted under subsection (2); or
in the case of a person who has been convicted of an offence of second degree murder and has previously been convicted of culpable homicide that is murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence;
in the case of a person who has been convicted of an offence of high treason or an offence of first degree murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence;
in the case of a person who has been convicted of having committed traitorously an offence of misconduct in the presence of an enemy (section 73 or 74), an offence related to security (section 75) or an offence in relation to prisoners of war (section 76), imprisonment for life without eligibility for parole until the person has served 25 years of the sentence;
Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of imprisonment for life that is imposed under this Act, and for that purpose
A court martial that imposes a punishment of imprisonment for life shall pronounce the following sentence:
in the case of a conviction that took place outside Canada, a reference in section 745.6 of the Criminal Code to the province in which a conviction took place shall be read as a reference to the province in which the offender is incarcerated when they make an application under that section.
a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and
The paramount objectives that are to guide the court martial under this section are denunciation and specific or general deterrence, with the rehabilitation of the person, in all cases, being subordinate to those paramount objectives.
Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction under this Act for a terrorism offence, the court martial shall order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less, unless the court martial is satisfied, having regard to the circumstances of the commission of the offence and the person’s character and circumstances, that the expression of society’s denunciation of the offence and the objectives of specific or general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.
Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction under this Act for a criminal organization offence, the court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less.
The court martial may only make the order if it is satisfied, having regard to the circumstances of the commission of the offence and the person’s character and circumstances, that the expression of society’s denunciation of the offence or the objective of specific or general deterrence requires that the order be made.
Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction for an offence set out in Schedule I or II to that Act that is punishable under section 130 of this Act, a court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less.
The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf.
The Statutory Instruments Act does not apply to a determination made by the Chief of the Defence Staff under subsection 227.15(1) or 227.16(1).
If a person is eligible to apply for both an exemption order under section 227.1 and a termination order under section 227.12 within one year after they are served with a notice under section 227.08, an application within that period for one order is deemed to be an application for both.
If the court martial refuses to make an exemption order or if the Court Martial Appeal Court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code.
A person who is served with a notice in the prescribed form shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.09 of this Act unless an exemption order is made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.
The Governor in Council may make regulations
Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code. (commission d’examen)
registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription)
record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)
prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire)
pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon)
officer, or non-commissioned member, of the primary reserve means an officer, or non-commissioned member, of the reserve force
finding of not responsible on account of mental disorder includes a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code. (verdict de non-responsabilité pour cause de troubles mentaux)
designated offence means
database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)
crime of a sexual nature means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crime de nature sexuelle)
an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée)
an attempt or conspiracy to commit an offence referred to in paragraph (a); or
an offence within the meaning of paragraph (b) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;
an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;
who is required to undergo annual training. (officier ou militaire du rang de la première réserve)
whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and
who is required, whether on active service or not, to perform military or any other form of duty or training;
[Repealed, 2010, c. 17, s. 47]
For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence
If the court martial does not consider the matter under subsection (1) or (3) at that time,
When a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that
When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition designated offence in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a) or (c) of that definition.
When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02.
no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence.
the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and
the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code;
for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose.
the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and
the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;
that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or
An order made under subsection 227.01(3) applies for life.
An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 227.01 of this Act or section 490.012 of the Criminal Code.
An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act.
An order made under subsection 227.01(1) applies for life if the person is convicted of, or found not responsible on account of mental disorder for, more than one offence referred to in paragraph (a) or (c) of the definition designated offence in section 227.
An order made under subsection 227.01(1) or (2)
An order made under section 227.01 begins on the day on which it is made.
applies for life if the maximum term of imprisonment for the offence is life.
ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less;
if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(2.1), (3) or (5).
if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(b); or
if five years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(a);
On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue.
The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.015 of the Criminal Code.
A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.
Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
A person who is subject to more than one order made under section 227.01 may apply for a termination order if 20 years have elapsed since the most recent order was made.
A person who is subject to an order may apply for a termination order
If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.
The court martial shall give reasons for the decision.
The court martial shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
a copy of the order to be sent to
that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code; and
a copy of the order to be given to that person;
the order to be read by or to the person who is subject to it;
the Provost Marshal.
the person in charge of the place in which the person who is subject to the order is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Division 7 of this Part, if applicable, and
the Review Board that is responsible for making a disposition with respect to that person, if applicable,
The person in charge of the place in which the person who is subject to the order is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give them a copy of the order not earlier than 10 days before their release or discharge.
A Review Board shall cause a copy of the order to be given to the person who is subject to the order when it directs,
When a court martial makes an order under section 227.01, it shall cause
in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(b) of the Criminal Code, that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(a) of the Criminal Code, that the person be discharged absolutely; or
A notice shall not be served on a person if
The Provost Marshal may serve a person with a notice if, on the day on which this section comes into force, they are subject to a sentence for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or have not been discharged absolutely or unconditionally released from custody under Division 7 of this Part in connection with such an offence.
an application has been made for an order under subsection 227.01(3) of this Act or subsection 490.012(3) of the Criminal Code in relation to any offence in connection with which the notice may be served on them.
they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for, every offence in connection with which the notice may be served on them; or
they may be served with a notice under section 490.021 of the Criminal Code;
The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay.
An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that
If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address.
The notice shall be personally served within one year after the day on which section 227.07 comes into force.
the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.
the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and
the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;
when an exemption order is quashed.
either one year after the day on which the person is served with the notice, or when an exemption order is refused under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code, whichever is later; or
If subsection (2) does not apply earlier, the obligation
The obligation ends when an exemption order is made on an appeal from a decision made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.
The obligation under section 227.06 begins
applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code and if more than one of those offences is listed in the notice.
applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or
ends 20 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;
ends 10 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is five years or less;
If the court martial makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the notice.
The court martial shall give reasons for the decision.
The court martial shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue.
The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.023 of the Criminal Code.
A person who is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for an order exempting them from the obligation within one year after they are served with a notice under section 227.08.
an order under section 227.01 of this Act or section 490.012 of the Criminal Code that began later.
an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act that began later; or
On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue.
The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.026 of the Criminal Code.
A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.
Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code.
A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not responsible on account of mental disorder, for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227:
A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to
20 years if the maximum term of imprisonment for the offence is life.
10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or
five years if the maximum term of imprisonment for the offence is five years or less;
If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.
The court martial shall give reasons for the decision.
The court martial shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
comply with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act within the required period.
participate in a proceeding relating to an exemption order referred to in paragraph (a) or in an appeal proceeding referred to in paragraph (b); or
appeal the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) of the Criminal Code — within the required period;
apply for an exemption order under section 227.1 of this Act or section 490.023 of the Criminal Code within the required period;
The Provost Marshal shall notify the following persons without delay of a determination made under paragraph (1)(b) or (c), the effect of the determination, the date on which the suspension of the time limit or proceeding first applies and the date on which it ceases to apply:
The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, the date on which the operational reasons first apply and the date on which they cease to apply, and the Provost Marshal shall notify the person without delay.
The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section.
Every 15 days after a determination is made, the Chief of the Defence Staff shall consider whether the operational reasons cease to apply.
The Chief of the Defence Staff shall notify the Minister before making a determination.
The Chief of the Defence Staff may make a determination only if he or she is of the opinion that the operational reasons clearly outweigh in importance the public interest in applying the provisions of the Act that, but for the determination, would apply in the circumstances.
If the Chief of the Defence Staff makes a determination, the following rules apply:
The Chief of the Defence Staff may determine that a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, for operational reasons, unable to
in the case of a determination under paragraph (1)(d), the person’s obligation to comply with the relevant section of the Sex Offender Information Registration Act is suspended from the day on which the operational reasons first apply until 15 days after the day on which they cease to apply.
in the case of a determination under paragraph (1)(c),
in the case of a determination under paragraph (1)(b), the running of the period during which the person may appeal the legality of a decision, or a decision, is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;
in the case of a determination under paragraph (1)(a), the running of the period during which the person may apply for an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;
an application may be made to appeal the legality of a decision, or a decision, after the day on which the operational reasons first apply, but any appeal proceeding is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply; and
any proceeding relating to an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply, or
the attorney general of a province or the minister of justice of a territory if the decision in relation to which an appeal may be brought was made, or the proceeding was commenced, in that jurisdiction under the Criminal Code.
the Minister or counsel instructed by the Minister if the decision in relation to which an appeal may be brought was made under this Act, or the Minister or counsel instructed by the Minister and the Court Martial Administrator if the proceeding was commenced under this Act; or
A participant in the operation is exempted from the requirement under section 6 of the Sex Offender Information Registration Act to provide the information relating to the operation.
The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, and the Provost Marshal shall notify without delay any participant in the operation who is required to comply with section 6 of the Sex Offender Information Registration Act.
The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section.
The Chief of the Defence Staff may determine that the communication, under section 6 of the Sex Offender Information Registration Act, of information that relates to an operation could jeopardize national security, international relations or the security of an operation that is within a class of operations designated by a regulation made under paragraph 227.2(b).
the number of determinations made under subsection 227.16(1) and the number of persons exempted under subsection 227.16(4) as a result of each determination.
the number of determinations made under each of paragraphs 227.15(a) to (d) and the duration of the suspension resulting from each determination; and
The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
The Chief of the Defence Staff shall, within 30 days after the end of each year, submit a report to the Minister on the operation of sections 227.15 and 227.16 for that year that includes
whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, may be the subject of a determination under subsection 227.15(1) or 227.16(1).
for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or
for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act;
whether a person may be served with a notice under section 227.08;
The prosecutor or the Minister or counsel instructed by the Minister may, if the information is relevant to the proceeding or appeal referred to in paragraph (2)(a) or (b), disclose it to the presiding judge, court or court martial.
The Provost Marshal shall disclose the information
At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine
to the Chief of the Defence Staff if the disclosure is necessary for the purpose of a determination under subsection 227.15(1) or 227.16(1).
to a person’s commanding officer if the disclosure is necessary to enable the person to comply with the Sex Offender Information Registration Act; or
to the Minister or counsel instructed by the Minister if the disclosure is necessary for the purpose of an appeal respecting the legality of a decision made in a proceeding referred to in paragraph (a);
to a prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 227.01, a termination order under subsection 227.04(1) or 227.13(1) or an exemption order under subsection 227.1(4);
A review authority may disclose the information to another review authority and to a person who provides legal advice to the other review authority with respect to a review by that review authority of a finding of guilty made or punishment imposed in a proceeding or appeal referred to in subsection (1) or in any subsequent appeal, if the information is relevant to the review.
The prosecutor or the Minister or counsel instructed by the Minister may disclose the information to the presiding judge, court or court martial in the proceeding or appeal or in any subsequent appeal, or to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the proceeding or appeal, if the information is relevant to the proceeding, appeal or review.
The officer who conducted the summary hearing may disclose the information to a review authority, and to a person who provides legal advice to the review authority, with respect to a review of a finding that a person has committed a service infraction or of any sanction imposed by that officer, if the information is relevant to the review.
[Repealed, 2019, c. 15, s. 36]
The Provost Marshal shall disclose the information
If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay.
to the prosecutor or to the Minister or counsel instructed by the Minister in any other case.
to the officer conducting the summary hearing and to a person who provides legal advice to the officer with respect to the hearing, in the case of a summary hearing; or
designating places or classes of places in or outside Canada as registration centres for the purposes of the Sex Offender Information Registration Act and the area, or classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve, served by each registration centre.
authorizing persons or classes of persons in or outside Canada to register information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; and
authorizing persons or classes of persons in or outside Canada to collect information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve;
designating classes of operations in respect of which a determination may be made under subsection 227.16(1);
respecting the means by which designated classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve are required to report under section 4, 4.1 or 4.3, or to provide notification under section 6, of the Sex Offender Information Registration Act to registration centres designated under paragraph (e);
Subject to subsection 232(3), a person who applied for an exemption order under section 227.1 or a termination order under section 227.03 or 227.12 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial.
The Minister, or counsel instructed by the Minister for that purpose, has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:
the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3).
the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or
the legality of a decision not to make an order under subsection 180.05(1) or 180.12(1) or of a decision to make or not to make an order under subsection 180.07(1) or (2) or 180.14(1) or (2);
the legality of a decision under subsection 180.003(4), 180.005(7), 180.007(4) or (5), 180.18(4) or 180.2(4) or (5);
the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;
the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;
the legality of a decision made under subsection 227.01(2);
the legality of a decision made under any of subsections 196.14(1) to (3);
the legality of a finding made under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding;
the legality of a disposition made under section 201, 202 or 202.16;
the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;
the legality of the whole or any part of the sentence;
the legality of any finding of guilty;
the decision to make an order under subsection 745.51(1) of the Criminal Code;
with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;
the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3).
the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or
the legality of a decision to make an order under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2);
the legality of a decision under subsection 180.003(4), 180.005(7), 180.007(4) or (5), 180.18(4) or 180.2(4) or (5);
the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;
the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;
the legality of a decision made under subsection 227.01(2);
the legality of a decision made under any of subsections 196.14(1) to (3);
the legality of an order for a stay of proceedings made under subsection 202.121(7);
the legality of a decision not to make a finding under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding;
the legality of a disposition made under section 201, 202 or 202.16;
the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;
the legality of a decision of a court martial that terminates proceedings on a charge or that in any manner refuses or fails to exercise jurisdiction in respect of a charge;
the legality of the whole or any part of the sentence;
the legality of any finding of not guilty;
the decision not to make an order under subsection 745.51(1) of the Criminal Code;
with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;
Where a Notice of Appeal is delivered pursuant to subsection (3) to a person prescribed by the Governor in Council in regulations, the person shall forward the Notice of Appeal to the Registry of the Court Martial Appeal Court.
The Court Martial Appeal Court or a judge thereof may at any time extend the time within which a Notice of Appeal must be delivered.
No appeal or application for leave to appeal under this Division shall be entertained unless the Notice of Appeal is delivered within thirty days after the date on which the court martial terminated its proceedings to the Registry of the Court Martial Appeal Court or, in such circumstances as may be prescribed by the Governor in Council in regulations, to a person prescribed in those regulations.
A Notice of Appeal is not invalid by reason only of informality or the fact that it deviates from the prescribed form.
An appeal or application for leave to appeal under this Division shall be stated on a form to be known as a Notice of Appeal, which shall contain particulars of the grounds on which the appeal is founded and shall be signed by the appellant.
Where the application of a disposition appealed from is suspended pursuant to subsection (1) or by virtue of an order made under paragraph (2)(b),
A judge of the Court Martial Appeal Court may, on application of any party who gives notice to each of the other parties within the time and in the manner prescribed under subsection 244(1), where the judge is satisfied that the mental condition of the accused justifies the taking of such action,
Subject to subsection (2), if the disposition appealed from is a disposition made under section 202, the filing of a Notice of Appeal in accordance with section 232 suspends the application of the disposition pending the determination of the appeal.
give such directions as the judge thinks necessary for expediting the appeal.
where the application of a disposition is suspended pursuant to subsection (1) or by virtue of an order made under paragraph (b), make such other disposition, other than a disposition under section 202 or paragraph 202.16(1)(a), in respect of the accused as is applicable and appropriate in the circumstances pending the determination of the appeal; and
by order, direct that the application of a disposition appealed from that was made under section 201 or paragraph 202.16(1)(b) or (c) be suspended pending determination of the appeal;
by order, direct that the application of a disposition made under paragraph 202.16(1)(a) be suspended pending the determination of the appeal;
by order, direct that the application of a disposition made under section 202 not be suspended pending the determination of the appeal;
in any other case, the disposition in force immediately before the coming into force of the disposition appealed from continues in force, subject to the making of a disposition under paragraph (2)(c).
in the case where no disposition was in force in respect of the accused immediately before the coming into force of the disposition appealed from, any order for the interim release or detention of the accused that is in force immediately prior to the coming into force of the disposition appealed from continues in force, subject to the making of a disposition under paragraph (2)(c), pending the determination of the appeal; and
Where the office of Chief Justice is vacant, or the Chief Justice is absent from Canada or is unable or unwilling to act, his powers shall be exercised and his duties performed by the senior judge who is in Canada and is able and willing to Act.
The Governor in Council shall designate one of the judges of the Court Martial Appeal Court to be the Chief Justice thereof, who shall preside, when present, at any sittings of the Court and shall, subject to subsection (4), appoint another judge to preside at any sittings of the Court at which the Chief Justice is not present.
If a judge of the Court Martial Appeal Court resigns his or her office or is appointed to another court or otherwise ceases to hold office, he or she may, at the request of the Chief Justice of the Court Martial Appeal Court, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him or her as if he or she had continued in office.
A person who acts as a judge under subsection (2.1) shall be paid a salary for the period he or she acts at the rate fixed by the Judges Act for a judge of the Federal Court of Appeal or the Federal Court, other than a Chief Justice, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act.
The Governor in Council may approve the making of requests under subsection (2.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under that subsection.
Subject to subsection (2.2), any former judge of the Court Martial Appeal Court may, at the request of the Chief Justice of that Court made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court.
The judges of the Court Martial Appeal Court are
There is hereby established a Court Martial Appeal Court of Canada, which shall hear and determine all appeals referred to it under this Division.
any additional judges of a superior court of criminal jurisdiction who are appointed by the Governor in Council.
not fewer than four judges of the Federal Court of Appeal or the Federal Court to be designated by the Governor in Council; and
Where an appeal has been wholly or partially dismissed by the Court Martial Appeal Court and there has been dissent in the Court, the appellant shall forthwith be informed of that dissent.
Every appeal shall be heard by three judges of the Court Martial Appeal Court sitting together, the decision of the majority of whom shall be the decision of the Court, and any other matter before the Court shall be disposed of by the Chief Justice or by such other judge or judges of the Court as the Chief Justice may designate for that purpose.
The Court Martial Appeal Court may sit and hear appeals at any place or places, and the Chief Justice of the Court shall arrange for sittings and hearings as may be required.
The Chief Justice of the Court Martial Appeal Court may authorize any other judges of the Court to exercise or perform any of the powers or functions of the Chief Justice under this section and sections 234 and 235.
The officers, clerks and employees appointed to the Courts Administration Service shall perform the duties of their respective offices in relation to the Court Martial Appeal Court.
The Court Martial Appeal Court may hear evidence including new evidence, as it may deem expedient and the Court may sit in camera or in public.
The Court Martial Appeal Court is a superior court of record.
direct a new trial by court martial on the charge.
enter a finding of not guilty in respect of the charge; or
Where the Court Martial Appeal Court has set aside a finding of guilty but another finding of guilty remains, the Court may, except where it allows an appeal under section 240.1,
Where the Court Martial Appeal Court has set aside a finding of guilty and no other finding of guilty remains, the whole of the sentence ceases to have force and effect.
On the hearing of an appeal respecting the legality of a finding of guilty on any charge, the Court Martial Appeal Court, if it allows the appeal, may set aside the finding and
substitute for the sentence imposed by the court martial a sentence that is warranted in law.
affirm the sentence imposed by the court martial if the court martial could legally have imposed that sentence on the finding of guilty that remains; or
On the hearing of an appeal respecting the legality of a decision referred to in paragraph 230.1(d), the Court Martial Appeal Court may, if it allows the appeal, set aside the decision and direct a new trial by court martial on the charge.
[Repealed, 1991, c. 43, s. 24]
On the substitution of a finding of guilty under subsection (1), the Court Martial Appeal Court may, except where it allows an appeal under section 240.1,
Where an appellant has been found guilty of an offence and the court martial could, on the charge, have found the appellant guilty under section 133, 134 or 136 of some other offence or could have found the appellant guilty of some other offence on any alternative charge that was laid and, on the actual finding, it appears to the Court Martial Appeal Court that the facts proved the appellant guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of guilty made by the court martial a finding of guilty of that other offence.
substitute for the sentence imposed by the court martial a sentence that is warranted in law.
affirm the sentence imposed by the court martial if the court martial could legally have imposed that sentence on the substituted finding of guilty; or
except if the finding is that of a General Court Martial, enter a finding of guilty with respect to the offence for which, in its opinion, the accused person should have been found guilty but for the illegality and
direct a new trial by court martial on that charge; or
remit the matter to the court martial and direct it to impose a sentence in accordance with subsections (2) and (3).
impose the sentence in accordance with subsections (2) and (3), or
Where the Court Martial Appeal Court has entered a finding of guilty and there is another finding of guilty, the Court or the court martial may
Where the Court Martial Appeal Court has entered a finding of guilty and there is no other finding of guilty, the Court or the court martial shall impose a sentence that is warranted in law.
On the hearing of an appeal respecting the legality of a finding of not guilty on any charge, the Court Martial Appeal Court may, where it allows the appeal, set aside the finding and
substitute for the sentence imposed by the court martial a sentence that is warranted in law.
affirm the sentence imposed by the court martial, if the court martial could legally have imposed the sentence on all of the findings; or
On the hearing of an appeal respecting the legality of a disposition made under section 201, 202 or 202.16, the Court Martial Appeal Court may, where it allows the appeal, set aside the disposition and
On the hearing of an appeal respecting the severity of a sentence, the Court Martial Appeal Court shall consider the fitness of the sentence and, if it allows the appeal, may, on such evidence as it thinks fit to require or receive, substitute for the sentence imposed by the court martial a sentence that is warranted in law.
Where the finding of unfit to stand trial was made after the close of the case for the prosecution, the Court may, notwithstanding that the finding is proper, allow the appeal, set aside the finding and enter a finding of not guilty on any charge if it is of the opinion that the accused should have been acquitted on the charge at the close of the case for the prosecution.
On the hearing of an appeal against a finding of unfit to stand trial or not responsible on account of mental disorder, the Court Martial Appeal Court shall, subject to subsection (2), direct a new trial by court martial if it allows the appeal.
make any other order that justice requires.
except in the case of a disposition made by a General Court Martial, remit the matter to the court martial for a rehearing, in whole or in part, in accordance with any directions that the Court considers appropriate; or
make any disposition under section 201 or 202.16 that the court martial could have made;
If the Court Martial Appeal Court allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused person is unfit to stand trial and the disposition made in respect of the accused person.
The Court Martial Appeal Court may allow an appeal against an order made under subsection 202.121(7) for a stay of proceedings, if the Court Martial Appeal Court is of the opinion that the order is unreasonable or cannot be supported by the evidence.
If the Court Martial Appeal Court or other court makes an exemption order that may be made under subsection 227.1(4), it shall also make the order referred to in subsection 227.1(6).
If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal to be notified of the decision.
If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.01(2), it shall cause the requirements set out in section 227.05 to be fulfilled.
On the hearing of an appeal respecting the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.
Where the Court Martial Appeal Court directs a new trial on a charge under section 238, 239.1, 239.2 or 240.2, the accused person shall be tried again as if no trial on that charge had been held.
[Repealed, 1998, c. 35, s. 71]
Where a new sentence is substituted under subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the sentence imposed by the court martial ceases to have effect.
the circumstances in which an appeal may be considered to be abandoned for want of prosecution, and the summary disposition by the Court of such appeals and of appeals showing no substantial grounds.
the awarding and regulating of costs in the Court in favour of or against appellants and respondents; and
the provision for and the payment of fees of counsel for an appellant or a respondent, other than the Minister;
the circumstances in which, on the hearing of an appeal, the appellant may attend or appear before the Court;
the extent to which new evidence may be introduced;
the production of all other documents and records relating to an appeal;
the production of the minutes of the proceedings of any court martial in respect of which an appeal is taken;
the conduct of reviews of directions made under Division 3;
the conduct of appeals;
the practice and procedure to be observed at hearings;
the seniority of members of the Court for the purpose of presiding at appeals;
No rule made under this section has effect until it has been published in the Canada Gazette.
The Chief Justice of the Court Martial Appeal Court may, with the approval of the Governor in Council, make rules respecting
on any question of law, if leave to appeal is granted by the Supreme Court of Canada.
on any question of law on which a judge of the Court Martial Appeal Court dissents; or
An appeal to the Supreme Court of Canada that is not brought on for hearing by the appellant at the session of the Supreme Court of Canada during which the judgment appealed from was pronounced by the Court Martial Appeal Court, or at the next session of the Supreme Court of Canada, shall be deemed to be abandoned, unless otherwise ordered by the Supreme Court of Canada or a judge thereof.
The Supreme Court of Canada, in respect of the hearing and determination of an appeal under this section, has the same powers, duties and functions as the Court Martial Appeal Court has under this Act, and sections 238 to 242 apply with such adaptations and modifications as the circumstances require.
The Minister, or counsel instructed by the Minister for that purpose, may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court
A person subject to the Code of Service Discipline may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court
on any question of law, if leave to appeal is granted by the Supreme Court of Canada.
on any question of law on which a judge of the Court Martial Appeal Court dissents; or
that the person’s detention or imprisonment is not necessary in the interest of the public or the Canadian Forces; or
that the person will surrender himself into custody when directed to do so, and
if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment,
that the person intends to appeal,
in the case of an application under section 248.2,
in the case of an application under section 248.1,
that the person’s detention or imprisonment is not necessary in the interest of the public or the Canadian Forces.
that the person will surrender himself into custody when directed to do so, and
if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment,
that the appeal is not frivolous,
The court martial, military judge or judge, as the case may be, shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it.
If the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, directs that the person be released, the court martial, military judge or judge shall include in the direction a statement that the safety and security of every victim of the alleged offence has been considered.
On hearing an application to be released from detention or imprisonment, the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, may direct that the person making the application be released as provided for in sections 248.1 and 248.2 if the person establishes
comply with any other reasonable conditions that are stipulated.
surrender himself or herself into custody when directed to do so; and
remain under military authority;
substitute such other conditions as it sees fit.
vary the conditions; or
confirm the conditions;
Where the conditions of an undertaking referred to in section 248.5 have been varied or substituted pursuant to subsection (1), the person who gave the undertaking shall forthwith be placed in custody unless the person gives an undertaking to comply with such varied or substituted conditions.
The conditions of an undertaking referred to in section 248.5 may, on application by the person who gave the undertaking or by counsel for the Canadian Forces, be reviewed by the Court Martial Appeal Court and that Court may
direct that the person may remain at liberty on his giving a new undertaking in accordance with section 248.5.
cancel the direction that authorized the person to be released and direct that the person be detained in custody; or
The person referred to in subsection (1) has the right to be present at the hearing of the application referred to in that subsection and the right to make representations at that hearing.
In the circumstances provided for in regulations made by the Governor in Council, the authority to whom an application under subsection (1) may be made in respect of a direction made pursuant to an application under section 248.2 is a military judge.
The authority to whom an application under subsection (1) may be made is
Where, on application by counsel for the Canadian Forces, an authority referred to in subsection (2) is satisfied, on cause being shown, that an undertaking given by a person under section 248.5 has been breached or is likely to be breached, that authority may
[Repealed, 1998, c. 35, s. 79]
subject to subsection (3), where the undertaking was given in respect of a direction made pursuant to an application under section 248.2, a judge of the Court Martial Appeal Court.
where the undertaking was given in respect of a direction made pursuant to an application under section 248.1, a military judge; or
a person who is the subject of an order under section 248.81
a person whose application to be released from detention or imprisonment pursuant to this Division is refused, and
The provisions of this Division apply, with such modifications as the circumstances require, to any appeal under this section.
When hearing an appeal under this section, the Court Martial Appeal Court may, in all cases where an appeal has been filed, take into consideration the grounds of appeal.
The Canadian Forces may appeal any direction under this Division that a person be released from detention or imprisonment or any order under section 248.81.
The following persons, namely,
Every reference in this Part to the rank of an officer or non-commissioned member includes a person who holds any equivalent relative rank, whether that person is attached, seconded or on loan to the Canadian Forces.
If a new punishment is substituted for a punishment imposed by a court martial, the new punishment has force and effect as if it had been imposed by the court martial in the first instance and the provisions of the Code of Service Discipline apply accordingly. However, if the new punishment involves incarceration, the term of the new punishment is to be reckoned from the date of substitution.
Where an accused person has been duly summoned or ordered to appear before a court martial, the court martial may issue a warrant in the form prescribed in regulations made by the Governor in Council for the arrest of the accused person if the accused person
The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline.
A person who is liable to be charged, dealt with and tried under the Code of Service Discipline has the right to be represented in the circumstances and in the manner prescribed in regulations made by the Governor in Council.
[Repealed, 2019, c. 15, s. 41]
[Repealed, 2019, c. 15, s. 41]
[Repealed, 2019, c. 15, s. 41]
[Repealed, 2019, c. 15, s. 41]
[Repealed, 2019, c. 15, s. 41]
[Repealed, 2019, c. 15, s. 41]
Nothing in this Division in any manner limits or affects Her Majesty’s royal prerogative of mercy.
If the Minister is of the opinion that a petition should be granted, the Minister may order a new trial and the petitioner may be tried again as if no trial had been held.
The Minister may refer a petition or any question relating to a petition to the Court Martial Appeal Court for its opinion, and that Court shall furnish its opinion accordingly.
The Minister may refer a petition to the Court Martial Appeal Court for a hearing and determination by that Court as if it were an appeal by the petitioner.
Every person who has been tried and found guilty by a court martial has a right, on grounds of new evidence discovered subsequent to the trial, to petition the Minister for a new trial.
The Director of Defence Counsel Services is eligible to be re-appointed on the expiration of a first or subsequent term of office.
An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to
The Director of Defence Counsel Services holds office during good behaviour for a term of not more than four years. The Minister may remove the Director of Defence Counsel Services from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council.
The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Defence Counsel Services.
all other matters necessary or proper for the due exercise of its jurisdiction.
the enforcement of its orders; and
the production and inspection of documents;
the attendance, swearing and examination of witnesses;
The Director of Defence Counsel Services shall ensure that the general instructions and guidelines are available to the public.
The Judge Advocate General may issue general instructions or guidelines in writing in respect of defence counsel services.
The Director of Defence Counsel Services acts under the general supervision of the Judge Advocate General.
The Director of Defence Counsel Services may, subject to any applicable Treasury Board directives, establish the terms and conditions of engagement and fix the remuneration and expenses of counsel engaged under subsection (2).
The Director of Defence Counsel Services may engage on a temporary basis the services of counsel to assist the Director of Defence Counsel Services.
The Director of Defence Counsel Services may be assisted by persons who are barristers or advocates with standing at the bar of a province.
A person summoned under this section may be required to bring and produce at the court martial or before the commissioner taking evidence under this Act any documents in the possession or under the control of the person that relate to the matters in issue.
Every person required to give evidence before a commissioner taking evidence under this Act may be summoned by a military judge, the Court Martial Administrator or the commissioner.
Every person required to give evidence before a court martial may be summoned by a military judge, the Court Martial Administrator or the court martial.
having appeared before the court martial, fails to attend before the court martial as required.
fails to appear as summoned or ordered; or
An order made under this section shall be executed by the persons by whom the process of the court martial is ordinarily executed.
An order shall not be made in respect of
Where an accused person is tried for an offence but is not convicted and it appears to the court martial that an offence has been committed, the court martial may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled.
A court martial that finds a person guilty of an offence shall order that any property obtained by the commission of the offence be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled.
a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed.
a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or
property to which an innocent purchaser for value has acquired lawful title;
a minor punishment;
a fine not exceeding basic pay for one month, or
a reprimand,
a severe reprimand,
an offence under section 130 that constitutes a contravention within the meaning of the Contraventions Act.
an offence described in section 85, 86, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments:
An offence referred to in paragraph (1)(a) or (b) does not constitute an offence for the purposes of the Criminal Records Act.
A person who is convicted of any of the following offences, or who has been convicted of any of them before the coming into force of this section, has not been convicted of a criminal offence:
The Provost Marshal shall resolve or dispose of a conduct complaint — other than a complaint that results in an investigation of an alleged criminal or service offence — within one year after receiving or being notified of it.
On completion of a hearing, the Complaints Commission shall prepare and send to the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a report in writing setting out its findings and recommendations with respect to the complaint.
Documents and things presented to the Complaints Commission at a hearing shall, on request, be returned to the person who presented them within a reasonable time after completion of the Complaints Commission’s report on the complaint.
Travel and living expenses incurred in appearing before the Complaints Commission shall, in the discretion of the Complaints Commission, be paid in accordance with applicable Treasury Board directives, to the complainant and to the person who is the subject of the complaint, and to their counsel, if the Complaints Commission holds a hearing at a place in Canada that is not their ordinary place of residence.
The Complaints Commission shall afford a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing to
A hearing is to be held in public, except that the Complaints Commission may order the hearing or any part of the hearing to be held in private if it is of the opinion that during the course of the hearing any of the following information will likely be disclosed:
On completion of an investigation under subsection 250.38(1), the Chairperson shall prepare and send to the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint, unless the Chairperson has caused, or intends to cause, a hearing to be held to inquire into the complaint.
On the completion of an investigation into an interference complaint, the Chairperson shall prepare and send a report setting out a summary of the complaint and the Chairperson’s findings and recommendations to
On the completion of an investigation into a conduct complaint, the Provost Marshal shall send to the complainant, the person who is the subject of the complaint and the Chairperson a report setting out
The Provost Marshal shall establish and maintain a record of all complaints received under this Division and, on request, make available any information contained in that record to the Complaints Commission.
As soon as practicable after receiving or being notified of an interference complaint, the Chairperson shall send a written notice of the substance of the complaint to the person who is the subject of the complaint unless, in the Chairperson’s opinion, to do so might adversely affect or hinder any investigation under this Act.
As soon as practicable after receiving or being notified of a conduct complaint, the Provost Marshal shall send a written notice of the substance of the complaint to the person whose conduct is the subject of the complaint unless, in the Provost Marshal’s opinion, to do so might adversely affect or hinder any investigation under this Act.
No criminal or civil proceedings lie against any member of the Complaints Commission, or against any person acting on behalf of the Complaints Commission, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Complaints Commission.
The Chairperson may make rules respecting
The Complaints Commission shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
The head office of the Complaints Commission shall be at the place in Canada designated by the Governor in Council.
No complaint may be made more than one year after the event giving rise to the complaint unless the Chairperson, at the request of the complainant, decides that it is reasonable in the circumstances to extend the time.
Provost Marshal[Repealed, 2007, c. 5, s. 10]
military police[Repealed, 2013, c. 24, s. 76]
interference complaint means a complaint about interference with a military police investigation made under subsection 250.19(1). (plainte pour ingérence)
conduct complaint means a complaint about the conduct of a member of the military police made under subsection 250.18(1). (plainte pour inconduite)
Complaints Commission means the Military Police Complaints Commission established by subsection 250.1(1). (Commission)
Chairperson means the Chairperson of the Complaints Commission. (président)
Every member shall, before commencing the duties of office, take the following oath of office:
The members are deemed
The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.
The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.
An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission.
Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.
Full-time members shall devote the whole of their time to the performance of their duties under this Act.
A member is eligible to be re-appointed on the expiration of a first or subsequent term of office.
Each member holds office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council for cause.
Each member holds office as a full-time or a part-time member.
There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council.
to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
to be employees for the purposes of the Government Employees Compensation Act; and
to be employed in the public service for the purposes of the Public Service Superannuation Act;
The Chairperson may delegate to a member of the Complaints Commission any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 250.17(1).
In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize any member of the Complaints Commission to exercise the powers and perform the duties and functions of the Chairperson.
The Chairperson is the chief executive officer of the Complaints Commission and has supervision over and direction of its work and staff.
The Complaints Commission may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Complaints Commission in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.
The employees that are necessary for the proper conduct of the work of the Complaints Commission shall be appointed in accordance with the Public Service Employment Act.
the performance of the duties and functions of the Complaints Commission.
the apportionment of the work of the Complaints Commission among its members and the assignment of members to review complaints; and
the manner of dealing with matters and business before the Complaints Commission, including the conduct of investigations and hearings by the Complaints Commission;
The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the Complaints Commission’s activities during that year and its recommendations, if any.
A person may not be penalized for exercising the right to make a conduct complaint so long as the complaint is made in good faith.
A conduct complaint may be made whether or not the complainant is affected by the subject-matter of the complaint.
Any person, including any officer or non-commissioned member, may make a complaint under this Division about the conduct of a member of the military police in the performance of any of the policing duties or functions that are prescribed for the purposes of this section in regulations made by the Governor in Council.
A person may not be penalized for exercising the right to make an interference complaint so long as the complaint is made in good faith.
For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority.
Any member of the military police who conducts or supervises a military police investigation, or who has done so, and who believes on reasonable grounds that any officer or non-commissioned member or any senior official of the Department has improperly interfered with the investigation may make a complaint about that person under this Division.
The person who receives a complaint shall
A conduct complaint or an interference complaint may be made, either orally or in writing, to the Chairperson, the Judge Advocate General or the Provost Marshal. A conduct complaint may also be made to any member of the military police.
ensure that notice of the complaint is sent as soon as practicable
ensure that an acknowledgement of its receipt is sent as soon as practicable to the complainant; and
if the complaint is not in writing, put it in writing;
in the case of an interference complaint concerning a senior official of the Department, to the Chairperson, the Deputy Minister, the Judge Advocate General and the Provost Marshal.
in the case of an interference complaint concerning an officer or a non-commissioned member, to the Chairperson, the Chief of the Defence Staff, the Judge Advocate General and the Provost Marshal, and
in the case of a conduct complaint, to the Chairperson and the Provost Marshal,
The Chairperson shall send a notice in writing of the withdrawal to the Provost Marshal and the person who was the subject of the complaint.
A complainant may withdraw a complaint by sending a written notice to the Chairperson.
If a conduct complaint is about the conduct of the Provost Marshal, the Chief of the Defence Staff is responsible for dealing with the complaint and has all the powers and duties of the Provost Marshal under this Division.
The Provost Marshal is responsible for dealing with conduct complaints.
If a conduct complaint is resolved informally,
If a direction is made under subsection (4), the Provost Marshal shall send to the complainant and the person who is the subject of the complaint a notice in writing setting out
The Provost Marshal may direct that no attempt at informal resolution be started or that an attempt be ended if, in the opinion of the Provost Marshal,
No answer given or statement made by the complainant or the person who is the subject of the complaint in the course of attempting to resolve a complaint informally may be used in any disciplinary, criminal, civil or administrative proceedings, other than a hearing or proceeding in respect of an allegation that, with intent to mislead, the complainant or the person who is the subject of the complaint gave an answer or made a statement knowing it to be false.
Subsection (1) does not apply if the complaint is of a type prescribed in regulations made by the Governor in Council.
On receiving or being notified of a conduct complaint, the Provost Marshal shall consider whether it can be disposed of informally and, with the consent of the complainant and the person who is the subject of the complaint, the Provost Marshal may attempt to resolve it informally.
the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament.
the complaint is frivolous, vexatious or made in bad faith; or
the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the direction.
the direction and the reasons why it was made; and
the Provost Marshal must notify the Chairperson of the resolution of the complaint.
the complainant and the person who is the subject of the complaint must give their written agreement to the resolution of the complaint; and
the details of its resolution must be set out in writing;
If a direction is made under subsection (2), the Provost Marshal shall send to the complainant and, if the person who is the subject of the complaint was notified of the complaint under section 250.22, to that person, a notice in writing setting out
The Provost Marshal may direct that no investigation of a conduct complaint be started or that an investigation be ended if, in the opinion of the Provost Marshal,
Subject to any attempts at informal resolution, the Provost Marshal shall investigate a conduct complaint as soon as practicable.
having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.
the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament; or
the complaint is frivolous, vexatious or made in bad faith;
the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the direction.
the direction and the reasons why it was made; and
the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the disposition of the complaint.
a summary of any action that has been or will be taken with respect to disposition of the complaint; and
the findings of the investigation;
a summary of the complaint;
the Chairperson.
the person who is the subject of the complaint; and
the complainant;
No report shall be sent to the person who is the subject of a conduct complaint if, in the opinion of the Provost Marshal, sending the report might adversely affect or hinder any investigation under this Act.
If a conduct complaint has not been resolved or disposed of within six months, the Provost Marshal shall in each report sent after that period explain why not.
Within sixty days after receiving or being notified of a conduct complaint, the Provost Marshal shall, if the complaint has not been resolved or disposed of before that time, and then each thirty days afterwards until the complaint is dealt with, send to the following persons a report on the status of the complaint:
If a complainant refers a complaint to the Complaints Commission under subsection (1),
A complainant who is dissatisfied with a direction under subsection 250.27(4) or 250.28(2) in respect of a conduct complaint or the disposition of a conduct complaint as set out in a report under section 250.29 may refer the complaint in writing to the Complaints Commission for review.
the Provost Marshal shall provide the Chairperson with a copy of the notice sent under subsection 250.27(5) or 250.28(3), or of the report sent under section 250.29, in respect of the complaint and all information and materials relevant to the complaint.
the Chairperson shall send to the Provost Marshal a copy of the complaint; and
At the completion of the review, the Chairperson shall send a report to the Minister, the Chief of the Defence Staff and the Provost Marshal setting out the Chairperson’s findings and recommendations with respect to the complaint.
In conducting a review of a complaint, the Chairperson may investigate any matter relating to the complaint.
The Chairperson shall review the complaint to which a request for review relates as soon as practicable after receiving the request.
No report shall be sent to the person who is the subject of a conduct complaint if, in the Chairperson’s opinion, sending the report might adversely affect or hinder any investigation under this Act.
If the review has not been completed within six months, the Chairperson shall in each report sent after that period explain why not.
Within sixty days after a complaint is referred to the Commission for a review, the Chairperson shall, if the review has not been completed, and then each thirty days afterwards until it is completed, send a report on the status of the complaint to the complainant and the person who is the subject of the complaint.
If the Provost Marshal does not consent to investigate, the Provost Marshal shall notify the Chairperson in writing of the reason why the consent was not given.
If the Chairperson considers it appropriate to do so, the Chairperson may ask the Provost Marshal to investigate an interference complaint.
The Chairperson is responsible for dealing with interference complaints.
If the Chairperson makes a direction, the Chairperson shall send to the complainant, the person who is the subject of the complaint, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a notice in writing setting out the direction and the reasons why it was made.
The Chairperson may direct that no investigation of an interference complaint be started or that an investigation be ended if, in the Chairperson’s opinion,
The Chairperson or the Provost Marshal, as the case may be, shall investigate an interference complaint as soon as practicable.
having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.
the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament; or
the complaint is frivolous, vexatious or made in bad faith;
the Provost Marshal.
the Judge Advocate General; and
the Deputy Minister, in the case of a complaint against a senior official of the Department;
the Chief of the Defence Staff, in the case of a complaint against an officer or a non-commissioned member;
the Minister;
the Provost Marshal.
the Judge Advocate General; and
the person who is the subject of the complaint;
the complainant;
No report shall be sent to the person who is the subject of a complaint if, in the Chairperson’s opinion, sending the report might adversely affect or hinder any investigation under this Act.
If a complaint has not been dealt with within six months, the Chairperson shall in each report sent after that period explain why not.
Within sixty days after being notified of an interference complaint, the Chairperson shall, if the complaint has not been resolved, disposed of or otherwise dealt with before that time, and then each thirty days afterwards until the complaint is dealt with, send a report on the status of the complaint to
If the Chairperson acts in respect of a conduct complaint under subsection (1), the Provost Marshal is not required to investigate, report on or otherwise deal with the complaint until the Provost Marshal receives a report under section 250.53 with respect to the complaint.
No notice shall be sent to the person who is the subject of the complaint if, in the Chairperson’s opinion, sending the notice might adversely affect or hinder any investigation under this Act.
If the Chairperson decides to cause an investigation to be held, the Chairperson shall send a notice in writing of the decision and the reasons for the decision to the complainant, the person who is the subject of the complaint, the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal.
The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn.
If at any time the Chairperson considers it advisable in the public interest, the Chairperson may cause the Complaints Commission to conduct an investigation and, if warranted, to hold a hearing into a conduct complaint or an interference complaint.
send a notice in writing of the decision and the reasons for the decision to the complainant, the person who is the subject of the complaint, the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal.
assign one or more members of the Complaints Commission to conduct the hearing; and
For the purposes of this Part, the member or members of the Complaints Commission who conduct a hearing are deemed to be the Complaints Commission.
If the Chairperson decides to cause a hearing to be held, the Chairperson shall
to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not.
to administer oaths; and
to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it;
Notwithstanding subsection (1), the Complaints Commission may not receive or accept
When conducting a hearing, the Complaints Commission has, in relation to the complaint before it, power
any answer given or statement made while attempting to resolve a conduct complaint informally under subsection 250.27(1).
any answer given or statement made before a court of law or tribunal; or
any answer or statement that tends to criminate the witness or subject the witness to any proceeding or penalty and that was in response to a question at a hearing under this Division into another complaint;
any answer given or statement made before a board of inquiry or summary investigation;
any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;
information affecting a person’s privacy or security interest, if that interest outweighs the public’s interest in the information.
information that, if disclosed, could reasonably be expected to be injurious to the administration of justice, including law enforcement; and
information that, if disclosed, could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities;
If the complaint relates to conduct that is also the subject of disciplinary or criminal proceedings before a court or tribunal of first instance, the hearing may not take place until the disciplinary or criminal proceedings are completed.
If a person on whom a notice is served wishes to appear before the Complaints Commission, the Complaints Commission must consider the convenience of that person in fixing the time and the place for the hearing.
As soon as practicable before the commencement of a hearing, the Complaints Commission shall serve a notice in writing of the time and place appointed for the hearing on the complainant and the person who is the subject of the complaint.
any other person who satisfies the Complaints Commission that the person has a substantial and direct interest in the hearing.
the complainant and the person who is the subject of the complaint, if they wish to appear; and
No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.
In a hearing, no witness shall be excused from answering any question relating to the complaint before the Complaints Commission when required to do so by the Complaints Commission on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.
If the Provost Marshal is the subject of the complaint, the review shall be conducted by the Chief of the Defence Staff.
On receipt of a report under subsection 250.32(3) or section 250.39 or 250.48 in respect of a conduct complaint, the Provost Marshal shall review the complaint in light of the findings and recommendations set out in the report.
the Deputy Minister, if the person who is the subject of the complaint is a senior official of the Department.
the Chief of the Defence Staff, if the person who is the subject of the complaint is an officer or a non-commissioned member; and
If the Chief of the Defence Staff or the Deputy Minister is the subject of the complaint, the review shall be conducted by the Minister.
On receipt of a report under section 250.36, 250.39 or 250.48 in respect of an interference complaint, the complaint shall be reviewed in light of the findings and recommendations set out in the report by
If the person decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice.
The person who reviews a report under section 250.49 or 250.5 shall notify in writing the Minister and the Chairperson of any action that has been or will be taken with respect to the complaint.
If the Minister decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice.
If the Minister reviews a report by reason of subsection 250.5(2), the Minister shall notify the Chairperson in writing of any action that has been or will be taken with respect to the complaint.
A copy of the final report shall be sent to the Minister, the Deputy Minister, the Chief of the Defence Staff, the Judge Advocate General, the Provost Marshal, the complainant, the person who is the subject of the complaint and all persons who have satisfied the Complaints Commission that they have a substantial and direct interest in the complaint.
After receiving and considering a notice sent under section 250.51 or 250.52, the Chairperson shall prepare a final report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint.
A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act or any inquiry committee established under the regulations is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.
subject to section 16 of the Canada Evidence Act, witnesses.
interpreters; and
court reporters;
the commissioner;
each member of the board of inquiry;
each member of the panel of the court martial;
the judge presiding at the court martial;
the officer conducting the summary hearing;
An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code, the same force and effect as an oath taken before a civil court.
A solemn affirmation has the same force and effect as an oath.
A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation.
Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence.
A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or absentee without leave to be apprehended and brought forthwith before that or any other justice.
Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice.
For the purposes of this section and sections 253 and 254, justice means a justice as defined in the Criminal Code.
Where a justice before whom a person is brought under section 252 causes him to be delivered into service custody or to be held in civil custody, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.
A justice before whom a person is brought under section 252 may from time to time remand him for a period not exceeding eight days on each appearance before the justice, but the whole period during which a person is so remanded shall not be longer than appears to the justice reasonably necessary for the purpose of obtaining the information referred to in subsection (2).
Where a person has admitted to being a deserter or absentee without leave and evidence of the truth or falsehood of the admission is not then forthcoming, the justice before whom the person is brought shall remand him for the purpose of obtaining information respecting the truth or falsehood of the admission and, for that purpose, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.
A justice, if satisfied either by evidence on oath or by the admission of a person brought before the justice under section 252 that the person is a deserter or absentee without leave, shall cause him to be delivered into service custody in such manner as the justice may deem most expedient and, until the person can be so delivered, the justice may cause the person to be held in civil custody for such time as appears to the justice reasonably necessary for the purpose of delivering the person into service custody.
Where a constable causes a person to be delivered into service custody pursuant to subsection (1), the constable shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.
Where a person surrenders himself to a constable and admits desertion or absence without leave, the constable in charge of the police station to which the person is brought shall forthwith inquire into the case and, if from the admission it appears to the constable on inquiring into the case that the person is a deserter or absentee without leave, the constable may cause the person to be delivered into service custody, without bringing the person before a justice.
[Repealed, 1991, c. 43, s. 30]
Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law.
No action lies by reason only of the execution of manoeuvres authorized under this section.
Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer.
Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.
Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.
For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified.
Nothing in this section affects the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of Her Majesty.
No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing-place, highway, road, right-of-way, bridge or canal, shall be paid by or demanded from any unit or other element of the Canadian Forces or any officer or non-commissioned member when on duty or any person under escort or in respect of the movement of any materiel, except that the Minister may authorize payment of duties and tolls in respect of that use.
Where a claim for salvage services is prosecuted and the consent of the Minister is not proved, the claim shall be dismissed with costs.
Any document purporting to give the consent of the Minister for the purpose of this section is evidence of that consent.
For the purpose of this section, the consent of the Minister may be given at any time before final adjudication.
No claim for salvage services by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces shall be finally adjudicated on unless the consent of the Minister to the prosecution of the claim is proved.
The proceeds of any settlement made under subsection (1) shall be distributed in such manner as the Governor in Council may prescribe.
The Minister may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty and the commander and crew or part of the crew, offers of settlement made with respect to claims for salvage services rendered by vessels or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces.
an act or any neglect or default that is incidental to an act, neglect or default described in paragraph (a) or (b).
any neglect or default in the execution of this Act or any regulations or military or departmental duty or authority; or
an act done in pursuance or execution or intended execution of this Act or any regulations or military or departmental duty or authority;
Nothing in subsection (1) is in bar of proceedings against any person under the Code of Service Discipline.
A prosecution in respect of an offence — other than an offence under this Act, the Geneva Conventions Act or the Crimes Against Humanity and War Crimes Act — relating to an act, neglect or default described in subsection (1) may not be commenced after six months from the day on which the act, neglect or default occurred.
Unless an action or other proceeding is commenced within two years after the day on which the act, neglect or default complained of occurred, no action or other proceeding lies against Her Majesty or any person for
engaged, with or without remuneration, in an advisory, supervisory or consultative capacity in or on behalf of the federal public administration,
employed under the direction of any part of the federal public administration, or
employed in the federal public administration,
No compensation shall be paid under subsection (1) in respect of any disability or death for which a pension is paid or payable by virtue of any of the provisions of the Pension Act.
Compensation may, to such extent, in such manner and to such persons as the Governor in Council may by regulation prescribe, be paid in respect of disability or death resulting from injury or disease or aggravation thereof incurred by any person while
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 68]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
[Repealed, 2019, c. 13, s. 84]
Section 273.3 does not apply to a commanding officer of a military police unit.
The commanding officer who carries out or directly supervises the investigation of any matter may issue a warrant pursuant to section 273.3 in relation to that investigation only if that commanding officer believes on reasonable grounds that
Subject to sections 273.4 and 273.5, a commanding officer who is satisfied by information on oath that there is in any quarters, locker, storage space or personal or movable property referred to in section 273.2
Except as provided for by regulations made pursuant to section 273.1, the following, namely,
The Governor in Council may make regulations
any quarters under the control of the Canadian Forces or the Department; and
any defence establishment, work for defence or materiel, or
respecting the access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, including, without restricting the generality of the foregoing, regulations
authorizing the inspection, in accordance with the custom or practice of the service, of any person or thing in, on or about
requiring any person, as a condition of being given access to that place or materiel, to submit, on demand, to a search of the person and the person’s personal or movable property while entering or exiting that place or materiel or any restricted area within that place or materiel.
respecting the inspection of persons and property entering, exiting or on any such place or materiel, and
the personal or movable property of any person subject to the Code of Service Discipline located in, on or about any defence establishment, work for defence or materiel,
quarters under the control of the Canadian Forces or the Department and occupied for residential purposes by any person subject to the Code of Service Discipline either alone or with that person’s dependants, as well as any locker or storage space located in those quarters and exclusively used by that person or those dependants for personal purposes, and
anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant,
anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act, or
anything on or in respect of which any offence against this Act has been or is believed on reasonable grounds to have been committed,
no other commanding officer is readily available to determine whether the warrant should be issued.
the conditions for the issuance of the warrant exist; and
The authority of the Minister under this section is subject to any directions issued by the Governor in Council.
Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support.
The Governor in Council, or the Minister on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that
Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service.
the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.
the assistance is in the national interest; and
sections 251, 251.2, 256, 270, 272, 273 to 273.5 and 302.
Parts III and IV; and
sections 29 to 29.28;
sections 18.3 to 18.6;
However, if an Act of Parliament amends this Act based on an independent review, the next report shall be tabled within seven years after the day on which the amending Act is assented to.
The Minister shall cause a report of a review to be laid before each House of Parliament within seven years after the day on which this section comes into force, and within every seven-year period after the tabling of a report under this subsection.
The Minister shall cause an independent review of the following provisions, and their operation, to be undertaken:
it has been made to appear to the satisfaction of the attorney general that the Canadian Forces are so required.
information has been received by the attorney general from responsible persons, or a notification has been received by the attorney general from a judge, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred or is considered as likely to occur and that the Canadian Forces are required in aid of the civil power; and
A statement of fact contained in a requisition made under this Part is not open to dispute by the Chief of the Defence Staff.
Every statement of fact contained in a requisition made under this Part is conclusive and binding on the province on behalf of which the requisition is made, and every undertaking or promise in the requisition is binding on the province and not open to question or dispute by reason of alleged incompetence or lack of authority on the part of the attorney general or for any other reason.
[Repealed, R.S., 1985, c. 22 (4th Supp.), s. 76]
In a requisition made under this Part, it shall be stated that
No charge against an officer or non-commissioned member in respect of any offence prescribed in this Part shall, if the complainant is any other officer or non-commissioned member, be tried by a civil court unless the consent thereto in writing of the commanding officer of the accused officer or non-commissioned member has first been obtained.
Subject to subsection (2), every person, including an officer or non-commissioned member, is liable to be tried in a civil court in respect of any offence prescribed in this Part.
the disability or alleged disability of a person, purported to have arisen or to have been contracted during, in the course of, or as a result of the service of that person as an officer or non-commissioned member,
the service or release of an officer or non-commissioned member, or
the examination of a person for the purpose of enrolment,
any uniform, mark, badge or insignia in use in the Canadian Forces,
any picture or other representation of a member of the Canadian Forces, or
the words “Canadian Forces” or “Canadian Armed Forces” or the name of any component, unit or other element thereof or any abbreviation thereof or any words or letters likely to be mistaken therefor,
No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister.
Every person who uses
Absence from any parade or training referred to in subsection (1) is, in respect of each day on which the absence occurs, a separate offence.
Every officer or non-commissioned member of the reserve force who without lawful excuse neglects or refuses to attend any parade or training at the place and hour appointed therefor is guilty of an offence and liable on summary conviction for each offence, if an officer, to a fine not exceeding fifty dollars and, if a non-commissioned member, to a fine not exceeding twenty-five dollars.
without lawful cause, the proof of which lies on that person, has possession of any property,
when lawfully required, refuses to deliver up any property that is in the possession of that person, or
unlawfully disposes of or removes any property,
For the purposes of this section, property means any public property under the control of the Minister, non-public property and property of any of Her Majesty’s Forces or of any forces cooperating therewith.
Every person who
in an emergency, aids, assists, harbours or conceals an officer or non-commissioned member who is a deserter or an absentee without leave and who does not satisfy the court that he did not know that the officer or non-commissioned member was a deserter or an absentee without leave,
procures, persuades, aids, assists or counsels an officer or non-commissioned member to desert or absent himself without leave, or
A certificate that appears to have been signed by the Judge Advocate General, or by any person whom the Judge Advocate General may appoint for that purpose, attesting that an officer or non-commissioned member was convicted or discharged absolutely under this Act of desertion or absence without leave or that the officer or non-commissioned member was or has been continuously absent without leave for six months or more, and setting out the date of commencement and, if applicable, the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence of the facts attested to in that certificate.
Every person who
gives or receives, or is in any way concerned in the giving or receiving, of any valuable consideration in respect of enrolment, release or promotion in the Canadian Forces,
with intent to enable any other person to render himself, or to induce the belief that the other person is, permanently or temporarily unfit for service in the Canadian Forces, supplies to or for the other person any drug or preparation calculated or likely to render the other person, or lead to the belief that the other person is, permanently or temporarily unfit for that service, or
wilfully produces any disease or infirmity in, maims or injures himself or any other person with a view to enabling himself or the other person to avoid service in the Canadian Forces,
interferes with or impedes, directly or indirectly, the recruiting of the Canadian Forces,
does an act to the detriment of any other person in consequence of the other person having performed a duty that, under this Act or regulations, the other person is required to perform,
counsels any other person not to perform any duty that, under this Act or regulations, the other person is required to perform,
wilfully obstructs, impedes or otherwise interferes with any other person in the execution of any duty that under this Act or regulations, the other person is required to perform,
displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV.
prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or
at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance;
being in attendance as a witness in any proceeding under Part II, III or IV,
on being duly summoned as a witness under Part II, III or IV makes default in attending;
refuses to answer any question that requires an answer;
refuses to produce any document or thing under that person’s control and required to be produced by that person, or
refuses to take an oath or make a solemn affirmation legally required of that person,
the determination made and the reasons provided under subsection 180.18(4) or section 180.2, unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted.
the determination made under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2) and the reasons provided under section 180.08 or 180.15, unless the military judge, after taking into account the right to privacy of the person to whom the record or therapeutic record relates and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted;
the determination made and the reasons provided under subsection 180.003(4) or 180.005(7) or section 180.007 unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted;
the determination made under subsection 180.002(4) or 180.17(5) unless the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the decision and the reasons may be published, broadcast or transmitted;
the determination of a military judge in respect of the making of an order under subsection 180.05(1) or 180.07(1) and the reasons provided under section 180.08, unless the military judge, after taking into account the interests of military justice and the right to privacy of the person to whom the record relates, orders that the determination and the reasons may be published, broadcast or transmitted.
any evidence taken, the information given or the representations made at the consideration of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.17(1) or 180.2(1) or at a hearing under subsection 180.003(1), section 180.005, subsection 180.04(1), 180.06(2), 180.11(1) or 180.13(2) or section 180.18;
any evidence taken, information given or submissions made at a hearing under subsection 180.04(1) or 180.06(2);
the contents of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.03(1), 180.1(1), 180.17(1) or 180.2(1);
the contents of an application made under section 180.03;
Every person who fails, without lawful excuse, to comply with an order made under section 203.73 is
In this section, record and therapeutic record have the same meanings as in section 180.01.
Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (f) is
No person shall publish in any document, or broadcast or transmit in any way, any of the following:
made by the complainant or any witness and it is made for a purpose other than to make the information known in the community, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
made by the complainant or any witness and about that complainant or witness and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of or reveal particulars likely to identify any other person whose identity is protected by this section; or
made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community;
For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or military justice system participant whose identity is protected by the order.
Every person who fails to comply with an order made under section 183.5 or 183.6 is guilty of an offence punishable on summary conviction.
guilty of an offence punishable on summary conviction.
guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
employment in or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.
enrolment in the Canadian Forces; or
employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;
employment in any department set out in Schedule I to the Financial Administration Act;
Provisions not in the current consolidation
650 provisions mirrored on this date are not in the current consolidation; they could not be placed in document order.
This Act may be cited as the National Defence Act.
There is hereby established a department of the Government of Canada called the Department of National Defence over which the Minister of National Defence appointed by commission under the Great Seal shall preside.
The Minister holds office during pleasure, has the management and direction of the Canadian Forces and of all matters relating to national defence and is responsible for
The Governor in Council, on the recommendation of the Minister, may designate any other person in addition to the Minister to exercise any power or perform any duty or function that is vested in or that may be exercised or performed by the Minister under this Act.
The Governor General may, by commission under the Great Seal, appoint an Associate Minister of National Defence to hold office during pleasure and to exercise and perform such powers, duties and functions of the Minister as may be assigned to the Associate Minister by the Governor in Council.
There shall be a Deputy Minister of National Defence who shall be appointed by the Governor in Council to hold office during pleasure.
The Governor in Council may appoint not more than three Associate Deputy Ministers of National Defence, each of whom shall have the rank and status of a deputy head of a department and as such shall, under the Minister and the Deputy Minister, exercise and perform such powers, duties and functions as deputy of the Minister and otherwise as the Minister may specify.
The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose.
The Governor in Council may authorize the Minister to deliver to any department or agency of the Government of Canada, for sale or disposal to any countries or international welfare organizations and on any terms that the Governor in Council may determine, any materiel that has not been declared surplus and is not immediately required for the use of the Canadian Forces or for any other purpose under this Act.
Where in any section of this Act, other than section 12, there is express reference to regulations made or prescribed by the Governor in Council or the Treasury Board in respect of any matter, the Minister does not have power to make regulations pertaining to that matter.
The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces.
The authority and powers of command of officers and non-commissioned members shall be as prescribed in regulations.
The maximum number of persons in each rank and trade group of the Canadian Forces shall be determined as prescribed in regulations made by the Governor in Council.
No officer or non-commissioned member shall be transferred from the regular force to the reserve force or from the reserve force to the regular force unless the officer or non-commissioned member consents to the transfer.
A person who, although not enrolled or re-engaged for service, has received pay as an officer or non-commissioned member is, until the person claims to be released and is released, deemed to be an officer or non-commissioned member, as the case may be, of that component of the Canadian Forces through which the pay was received and to be subject to this Act as if the person were such an officer or non-commissioned member duly enrolled or re-engaged for service.
An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment.
Subject to section 22 and to regulations, officers and non-commissioned members may be promoted by the Minister or by such authorities of the Canadian Forces as are prescribed in regulations made by the Governor in Council.
Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
A person who is under the age of eighteen years may not be deployed by the Canadian Forces to a theatre of hostilities.
The materiel supplied to or used by the Canadian Forces shall be of such type, pattern and design and shall be issued on such scales and in such manner as the Minister, or such authorities of the Canadian Forces as are designated by the Minister for that purpose, may approve.
The conditions under which and the extent to which an officer or non-commissioned member is liable to Her Majesty in respect of loss of or damage to public property shall be as prescribed in regulations.
The conditions under which and the extent to which an officer or non-commissioned member is liable to make restitution or reimbursement in respect of loss of or damage to non-public property resulting from the negligence or misconduct of that officer or noncommissioned member shall be as prescribed by the Minister.
Where an officer or non-commissioned member disappears under circumstances that, in the opinion of the Minister or such other authorities as the Minister may designate, raise beyond reasonable doubt a presumption that the officer or non-commissioned member is dead, the Minister or any such other authority may issue a certificate declaring that the officer or non-commissioned member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the officer or non-commissioned member shall thenceforth, for the purposes of this Act and the regulations and in relation to his status and service in the Canadian Forces, be deemed to have died on that date.
The personal belongings and decorations of an officer or non-commissioned member who is absent without leave that are found in camp, quarters or otherwise in the care or custody of the Canadian Forces vest in Her Majesty and shall be disposed of in accordance with regulations made by the Governor in Council.
Any power or jurisdiction given to, and any act or thing to be done by, to or before any officer or non-commissioned member may be exercised by, or done by, to or before any other officer or non-commissioned member for the time being authorized in that behalf by regulations or according to the custom of the service.
Orders made under this Act may be signified by an order, instruction or letter under the hand of any officer whom the authority that made those orders has authorized to issue orders on its behalf, and any order, instruction or letter purporting to be signed by any officer appearing therein to be so authorized is evidence that the officer is so authorized.
A commission, appointment, warrant, order or instruction in writing purported to be granted, made or issued under this Act is evidence of its authenticity without proof of the signature or seal affixed thereto or the authority of the person granting, making or issuing it.
Every bond to Her Majesty entered into by any person before a judge, a justice of the peace or an officer of the Canadian Forces, including a military judge, for the purpose of securing the payment of a sum of money or the performance of a duty or act required or authorized by this Act or by regulations is valid and may be enforced accordingly.
[Repealed, 1998, c. 35, s. 17]
[Repealed, R.S., 1985, c. 31 (1st Supp.), s. 44]
Subject to section 70, every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, whether the alleged offence was committed in Canada or outside Canada.
Every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, either in Canada or outside Canada.
A court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada:
Subject to section 66, nothing in the Code of Service Discipline affects the jurisdiction of any civil court to try a person for any offence triable by that court.
Every officer in command of a vessel, aircraft, defence establishment, unit or other element of the Canadian Forces who
Every person who
Every person who
Every person who
Every person who
Every person who spies for the enemy is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
Every person who joins in a mutiny that is accompanied by violence is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
Every person who joins in a mutiny that is not accompanied by violence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding fourteen years or to less punishment or, in the case of a ringleader of the mutiny, to imprisonment for life or to less punishment.
Every person who
Every person who publishes or circulates any writing, printing or document in which is advocated, or who teaches or advocates, the use, without the authority of law, of force as a means of accomplishing any governmental change within Canada is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
Every person who disobeys a lawful command of a superior officer is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
Every person who strikes or attempts to strike, or draws or lifts up a weapon against, or uses, attempts to use or offers violence against, a superior officer is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
Every person who uses threatening or insulting language to, or behaves with contempt toward, a superior officer is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
Every person who
Every person who
Every person who
Every person who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every officer who behaves in a scandalous manner unbecoming an officer is guilty of an offence and on conviction shall suffer dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service.
Every person who behaves in a cruel or disgraceful manner is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.
Every person who uses traitorous or disloyal words regarding Her Majesty is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.
Every person who strikes or otherwise ill-treats any person who by reason of rank or appointment is subordinate to him is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who
Every person who
Every person who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person’s case before the proper authority for investigation, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who
Every person who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes or attempts to escape is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who
Every person who neglects or refuses to deliver over an officer or non-commissioned member to the civil power, pursuant to a warrant in that behalf, or to assist in the lawful apprehension of an officer or non-commissioned member accused of an offence punishable by a civil court is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who wilfully or negligently or through other default loses, strands or hazards, or suffers to be lost, stranded or hazarded, any of Her Majesty’s Canadian ships or other vessels of the Canadian Forces is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
[Repealed, 1998, c. 35, s. 30]
Every person who
Every person who signs an inaccurate certificate in relation to an aircraft or aircraft material without taking reasonable steps to ensure that it was accurate, the proof of taking which steps lies on that person, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who flies an aircraft at a height less than the minimum height authorized in the circumstances is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who
Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause fire to occur in any materiel, defence establishment or work for defence is guilty of an offence and on conviction, if the person acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.
Every person who receives or retains in his possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.
Every person who
Every person who
Every person who, when examined on oath or solemn affirmation before a tribunal, knowingly gives false evidence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.
Every person who
Every person who, having been released from Her Majesty’s Forces by reason of a sentence of a court martial or by reason of misconduct, has afterwards been enrolled in the Canadian Forces without declaring the circumstances of that release is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who knowingly
Every person who is concerned in the enrolment of any other person and who knows or has reasonable grounds to believe that by being enrolled that other person commits an offence under this Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who negligently performs a military duty imposed on that person is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
Every person who
Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions does any act or omits to do anything, in relation to any thing or substance that may be dangerous to life or property, which act or omission causes or is likely to cause loss of life or bodily injury to any person or damage to or destruction of any property, is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.
Every person who conspires with any other person, whether or not that other person is subject to the Code of Service Discipline, to commit an offence under the Code of Service Discipline is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.
For the purposes of this Act, the reference in section 320.4 of the Criminal Code to the Attorney General includes the Attorney General of Canada.
A person charged with a service offence may, on failure of proof of an offence having been committed under circumstances involving a higher punishment, be found guilty of the same offence as having been committed under circumstances involving a lower punishment.
Where a person is charged with an offence under section 130 and the charge is one on which he might, in the event of trial by a civil court in Canada for that offence, have been found guilty of any other offence, the person may be found guilty of that other offence.
A court martial may, instead of making a finding of not guilty, make a special finding of guilty if it concludes that
Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment, or for a term of years or other term may be sentenced to imprisonment for a shorter term.
Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited.
Minor punishments shall be such as are prescribed in regulations made by the Governor in Council.
[Repealed, 2019, c. 15, s. 15]
Where a person is under a sentence imposed by a court martial that includes a punishment involving incarceration and another court martial subsequently passes a new sentence that also includes a punishment involving incarceration, both punishments of incarceration shall, subject to section 745.51 of the Criminal Code, after the date of the pronouncement of the new sentence, run concurrently but the punishment higher in the scale of punishments shall be served first.
[Repealed, 2013, c. 24, s. 25]
[Repealed, 2013, c. 24, s. 25]
[Repealed, R.S., 1985, c. 31 (1st Supp.), s. 47]
The definitions in this section apply in this Division.
In this Division, commanding officer, in respect of a person charged with having committed a service offence or a service infraction, means the commanding officer of the person and includes an officer who is empowered by regulations made by the Governor in Council to act as the commanding officer of the person.
Charges laid under the Code of Service Discipline shall be dealt with as expeditiously as the circumstances permit.
[Repealed, 2019, c. 15, s. 25]
A General Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
None of the following persons may sit as a member of the panel of a General Court Martial:
[Repealed, 2008, c. 29, s. 10]
[Repealed, 2008, c. 29, s. 10]
[Repealed, 2008, c. 29, s. 10]
[Repealed, 2008, c. 29, s. 10]
A Standing Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
Every military judge is authorized to preside at a Standing Court Martial, and a military judge who does so constitutes the Standing Court Martial.
A Standing Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine.
[Repealed, 2008, c. 29, s. 12]
[Repealed, 2008, c. 29, s. 12]
[Repealed, 2008, c. 29, s. 12]
The accused person shall, at least twenty-four hours before it is admitted at the court martial, be furnished without charge with a copy of the document referred to in subsection 184(2).
At any time after a charge has been preferred but before the commencement of the trial, any question, matter or objection in respect of the charge may, on application, be heard and determined by a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial.
A court martial may view any place, thing or person.
The military judge presiding at a General Court Martial determines all questions of law or mixed law and fact arising before or after the commencement of the trial.
The military judge presiding at a General Court Martial determines the sentence.
The finding and sentence of a court martial shall, at the conclusion of the trial of the offender so sentenced, be pronounced in open court to the offender, who shall be under the sentence as of the date of the pronouncement thereof.
For the purposes of this Division,
[Repealed, 2019, c. 15, s. 65]
[Repealed, 1998, c. 35, s. 59]
[Repealed, 2013, c. 24, s. 67]
Where the exigencies of the service so require, a service convict, service prisoner or service detainee may, by an order made by a committing authority referred to in section 219 or 220, be removed temporarily from the place to which he has been committed for such period as may be specified in that order but, until returned to that place, any person removed pursuant to this section shall be retained in service custody or civil custody, as occasion may require, and no further committal order is necessary on the return of the person to that place.
The custody of a service convict, service prisoner or service detainee is not illegal by reason only of informality or error in or in respect of a document containing a warrant, order or direction issued in pursuance of this Act, or by reason only that the document deviates from the prescribed form, and any such document may be amended appropriately at any time by the authority that issued it in the first instance or by any other authority empowered to issue documents of the same nature.
A service convict or service prisoner who, having been released from the Canadian Forces, is suffering from a mental disorder while undergoing punishment in a penitentiary or civil prison shall be treated in the same manner as if the convict or prisoner were a person undergoing a term of imprisonment in the penitentiary or civil prison by virtue of the sentence of a civil court.
[Repealed, 1991, c. 43, s. 20]
The following definitions apply in this Division.
For the purposes of this Division, the expressions legality and illegal shall be deemed to relate either to questions of law alone or to questions of mixed law and fact.
[Repealed, 1998, c. 35, s. 67]
Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:
The right of any person to appeal from the finding or sentence of a court martial shall be deemed to be in addition to and not in derogation of any rights that the person has under the law of Canada.
A judge of the Court Martial Appeal Court is entitled to be paid travel allowances under the Judges Act as for attendances as judge of the Federal Court or the superior court to which the judge so entitled belongs.
On the hearing of an appeal respecting the legality of a sentence imposed by a court martial, the Court Martial Appeal Court, if it allows the appeal, may substitute for the sentence imposed by the court martial a sentence that is warranted in law.
Notwithstanding anything in this Division, the Court Martial Appeal Court may disallow an appeal if, in the opinion of the Court, to be expressed in writing, there has been no substantial miscarriage of justice.
If a punishment included in a sentence has been dealt with under subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the new punishment is subject to suspension in the same manner and to the same extent as if it had been imposed by the court martial that tried the appellant.
Where a review of a disposition in respect of which an appeal is taken under paragraph 230(e) by any person is commenced under the review provisions of the Criminal Code by that person, the appeal shall be deemed to have been abandoned.
[Repealed, 1998, c. 35, s. 73]
Every person sentenced to a period of detention or imprisonment by a court martial has, within twenty-four hours after being so sentenced, the right to apply to that court martial or, in any circumstances that may be provided for by regulations made by the Governor in Council, to a military judge, for a direction that the person be released from detention or imprisonment until the expiration of the time to appeal referred to in subsection 232(3) and, if there is an appeal, until the determination of the appeal.
Every person sentenced to a period of detention or imprisonment by a court martial who appeals under Division 9 has the right, if the person has not applied under section 248.1, to apply to a judge of the Court Martial Appeal Court or, in any circumstances that may be provided for by regulations made by the Governor in Council, to a military judge, for a direction that the person be released from detention or imprisonment until the determination of the appeal.
On the hearing of an application to be released, counsel acting on behalf of the Canadian Forces shall be permitted to make representations if counsel so wishes after representations by or on behalf of the person making the application.
If an application for release is granted, the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, may direct that the person making the application be released on giving an undertaking to
Where a person is directed to be released from detention or imprisonment pursuant to this Division, the person in whose custody that person is shall forthwith release that person on his giving the undertaking referred to in section 248.5.
An officer or non-commissioned member who is released from detention or imprisonment pursuant to this Division shall be returned to duty unless the Chief of the Defence Staff, or an officer designated by the Chief of the Defence Staff, otherwise directs.
The Chief Justice of the Court Martial Appeal Court, with the approval of the Governor in Council, may make rules respecting applications under sections 248.2, 248.8 and 248.81.
A person released pending appeal under this Division may surrender himself or herself into custody at any time to serve a sentence of detention or imprisonment imposed on the person.
The definitions in this section apply in this Part.
At summary hearings and courts martial, and at proceedings before a military judge, board of inquiry or commissioner taking evidence under this Act, an oath must be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council:
Where any person subject to the Code of Service Discipline has at any time been tried by a civil court, the clerk of that court or other authority having custody of the records of the court shall, if required by any officer of the Canadian Forces, transmit to that officer a certificate setting out the offence for which that person was tried, together with the judgment or order of the court thereon, and shall be allowed for that certificate the fee authorized by law.
[Repealed, R.S., 1985, c. 22 (4th Supp.), s. 74]
Any person who suffers loss, damage or injury by reason of the exercise of any of the powers conferred by section 257 shall be compensated from the Consolidated Revenue Fund.
Every master or other person in command of a merchant or other vessel under the convoy of any of Her Majesty’s Canadian ships shall obey the directions of the commanding officer of the convoy or the directions of the commanding officer of any of Her Majesty’s Canadian ships in all matters relating to the navigation or security of the convoy and shall take such precautions for avoiding the enemy as may be directed by any such commanding officer and, if the master or other person fails to obey the directions, that commanding officer may compel obedience by force of arms, without being liable for any loss of life or property that may result from the use of that force.
Where salvage services are rendered by or with the aid of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces, Her Majesty may claim salvage for those services and has the same rights and remedies in respect of those services as any other salvor would have had if the vessel or aircraft had belonged to that other salvor.
[Repealed, 2001, c. 26, s. 311]
No judgment or order given or made against an officer or non-commissioned member by any court in Canada shall be enforced by the levying of execution on any arms, ammunition, equipment, instruments or clothing used by that officer or non-commissioned member for military purposes.
Every officer and non-commissioned member of the reserve force on active service and every officer and non-commissioned member of the regular force and special force is exempt from serving on a jury.
No action or other proceeding lies against any officer or non-commissioned member in respect of anything done or omitted by the officer or non-commissioned member in the execution of his duty under the Code of Service Discipline, unless the officer or non-commissioned member acted, or omitted to act, maliciously and without reasonable and probable cause.
The dependants, as defined by regulation, of officers and non-commissioned members on service or active service in any place out of Canada who are alleged to have committed an offence under the laws applicable in that place may be arrested by a member of the military police and may be handed over to the appropriate authorities of that place.
Where a person subject to the Code of Service Discipline does any act or omits to do anything while outside Canada which, if done or omitted in Canada by that person, would be an offence punishable by a civil court, that offence is within the competence of, and may be tried and punished by, a civil court having jurisdiction in respect of such an offence in the place in Canada where that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.
For the purposes of this Part, attorney general means the attorney general of any province, the acting attorney general of a province or any minister of a government of a province who performs for the time being the duties of a provincial attorney general.
The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.
Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.
Where a riot or disturbance occurs or is considered as likely to occur, the attorney general of the province in which the place where the riot or disturbance occurs or is considered as likely to occur is situated, on the initiative of the attorney general or on the receipt of notification from a judge of a superior, county or district court having jurisdiction in the place that the services of the Canadian Forces are required in aid of the civil power, may, by requisition in writing addressed to the Chief of the Defence Staff, require the Canadian Forces, or such part thereof as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate considers necessary, to be called out on service in aid of the civil power.
On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.
A requisition of an attorney general under this Part may be in the following form, or to the like effect, and the form may, subject to section 280, be varied to suit the facts of the case:
Where a requisition is made under this Part, the attorney general of the province concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances that occasioned the calling out of the Canadian Forces or any part thereof, and the attorney general shall send a report on the circumstances to such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purpose of this section.
Officers and non-commissioned members when called out for service in aid of the civil power shall, without further authority or appointment and without taking oath of office, be held to have, in addition to their powers and duties as officers and non-commissioned members, all of the powers and duties of constables, so long as they remain so called out, but they shall act only as a military body and are individually liable to obey the orders of their superior officers.
The Canadian Forces or any part thereof called out in aid of the civil power shall remain on duty, in such strength as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate deems necessary or orders, until notification that the Canadian Forces are no longer required in aid of the civil power is received from the attorney general of the province concerned and, from time to time as in the opinion of the Chief of the Defence Staff the exigencies of the situation require, the Chief of the Defence Staff may increase or diminish the number of officers and non-commissioned members called out.
[Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77]
The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Revenue Fund by the authority of the Governor in Council.
No prosecution in a civil court shall be commenced against a person in respect of an offence prescribed in this Part, other than any of the offences referred to in section 298, except within six months after the date of commission of the offence charged.
Every person who contravenes regulations respecting the access to, exclusion from, and safety and conduct of any persons in, on or about any defence establishment, work for defence or materiel is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.
Every person who appears before another person for the purpose of being enrolled and knowingly makes a false answer to any question relating to the enrolment put by or by direction of that other person to the person appearing for that purpose is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.
Every medical practitioner who signs a false medical certificate or other document in respect of
Every person who falsely personates any other person in respect of any duty, act or thing required to be performed or done under this Act by that other person is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.
Every person who falsely represents himself to any military or civil authority to be a deserter from Her Majesty’s Forces is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.
Every officer or non-commissioned member of the reserve force who fails to keep in proper order any personal equipment or who appears on parade or on any other occasion with the personal equipment of that officer or non-commissioned member out of proper order, unserviceable or deficient in any respect is guilty of an offence and liable on summary conviction to a fine not exceeding forty dollars for each offence.
Every person who without reasonable excuse interrupts or hinders the Canadian Forces while training or while on the march is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and may be taken into custody and detained by any person by the order of an officer until the training or march is over for the day.
Every person who without reasonable excuse obstructs or interferes with manoeuvres authorized under section 257 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.
Every person who, knowing that an officer or non-commissioned member is about to desert or absent himself without leave, aids or assists the officer or non-commissioned member in attempting to desert or absent himself without leave is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.
Every person who
Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000 or to imprisonment for less than two years, or to both, if the person
Every person who contravenes regulations respecting the quartering, billeting and encamping of a unit or other element of the Canadian Forces or of an officer or non-commissioned member is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.
Every person who receives or demands a duty or toll in contravention of section 261 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.
Every person who fails to comply with directions given under section 262 is guilty of an offence and liable, on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both.
Every person who uses or authorizes the use of an application form, for or relating to any of the following matters, that contains a question that by its terms requires the applicant to disclose a conviction for an offence referred to in paragraph 249.27(1)(a) or (b) is guilty of an offence and liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both:
OFFICERS NON-COMMISSIONED MEMBERS
RELATED PROVISIONS
AMENDMENTS NOT IN FORCE
Short Title
Interpretation
Department of National Defence
Establishment of the Department
Minister
Deputy Minister
Judge Advocate General
Materiel
Regulations
The Canadian Forces
Constitution
Units and Other Elements
Chief of the Defence Staff
Canadian Forces Provost Marshal
Powers of Command
Enrolment
Attachment and Secondment
Promotion
Grievances
Military Grievances External Review Committee
I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Grievances External Review Committee in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Grievances External Review Committee, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)
Release
the release or transfer may be cancelled, with the consent of the officer or non-commissioned member concerned, who shall thereupon, except as provided in those regulations, be deemed for the purpose of this Act or any other Act not to have been so released or transferred.
Active Service
shall be deemed to be on active service for all purposes.
Service
Limitation on Deployment
Pay and Allowances
Supply and Issue of Materiel
Public Property
Non-public Property
Service Estates
Presumption of Death
Personal Effects of Absentees
Boards of Inquiry
Cadet Organizations
Educational Institutions
Service Associations
Exercise of Authority
Notification of Orders
Validity of Documents
Code of Service Discipline
Disciplinary Jurisdiction of the Canadian Forces
Application
Plea in Bar of Trial
Place of Commission of Offence
Place of Trial
Period of Liability
Limitations with respect to Certain Offences
Jurisdiction of Civil Courts
Service Offences and Punishments
Responsibility for Offences
Civil Defences
Ignorance of the Law
Misconduct of Commanders in Presence of Enemy
is guilty of an offence and on conviction, if the officer acted traitorously, shall be sentenced to imprisonment for life, if the officer acted from cowardice, is liable to imprisonment for life or less punishment, and in any other case, is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
Misconduct of any Person in Presence of Enemy
is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment.
Security
is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment.
Prisoners of War
is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment.
Miscellaneous Operational Offences
is guilty of an offence and on conviction, if the person committed the offence on active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.
Spies for the Enemy
Mutiny
is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.
Seditious Offences
Insubordination
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Desertion
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Absence without Leave
Disgraceful Conduct
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
is guilty of an offence and on conviction, if he commits the offence on active service or when under orders for active service or in respect of a person on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.
Offences in relation to Service Arrest and Custody
is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for a term not exceeding seven years or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Offences in relation to Vessels
Offences in relation to Aircraft
is guilty of an offence and on conviction, if the person acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.
Offences in relation to Vehicles
is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Offences in relation to Property
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Offences in relation to Tribunals
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Offence in Relation to the Sex Offender Information Registration Act
Offence in Relation to DNA Identification
Offences in relation to Billeting
is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Offences in relation to Enrolment
in relation to the enrolment of that person is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Miscellaneous Offences
is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding three years or to less punishment.
Conduct to the Prejudice of Good Order and Discipline
is an act, conduct, disorder or neglect to the prejudice of good order and discipline.
Offences Punishable by Ordinary Law
is an offence under this Division and every person convicted thereof is liable to suffer punishment as provided in subsection (2).
impose a punishment in accordance with the enactment prescribing the minimum punishment for the offence; or
Conviction of Cognate Offence
Punishments
Prohibition Orders
The court martial shall specify in the order a reasonable period for surrendering the thing or document, and during that period section 117.01 of the Criminal Code does not apply to the offender.
the Minister shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner, or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.
Intermittent Sentences
Incarceration under more than one Sentence
Punishment for Certain Offences
Arrest and Pre-Trial Custody
Interpretation
Authority to Arrest
Action following Arrest
Initial Review
Review by Military Judge
Duty of Director of Military Prosecutions
Review by Court Martial Appeal Court
Direction Cancelled
Commencement of Proceedings
Interpretation
Laying of Charge
Duty to Act Expeditiously
Summary Hearings
Interpretation
Trial by Court Martial
Charge must be Preferred
Director of Military Prosecutions
Court Martial Administrator
Military Judges
I solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.)
Reserve Force Military Judges
I solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.)
Duties and Immunity of Military Judges
Chief Military Judge
Military Judges Inquiry Committee
Military Judges Compensation Committee
General Courts Martial
Standing Courts Martial
Powers
Admission to Courts Martial and Certain Proceedings Before Military Judges
Rules of Evidence
Witnesses at Courts Martial
Evidence on Commission
Objections
Preliminary Proceedings
Amendment of Charges
Adjournments
Views
Decisions of General Court Martial
Similar Offences
Absconding Accused
Pronouncement of Findings and Sentence
Death or Incapacity
Forensic DNA Analysis
In deciding whether to make the order, the court martial shall consider the nature of the offence and the circumstances surrounding its commission, any previous convictions, any previous finding of not responsible on account of mental disorder for a designated offence and the impact that such an order would have on the person’s privacy and security and shall give reasons for the decision.
Identification of Accused Persons and Offenders
Mental Disorder
Interpretation
Fitness to Stand Trial
Mental Disorder When Offence Committed
General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports
Protected Statements
Provisions of Criminal Code Applicable
Sentencing
Purpose and Principles of Sentencing by Courts Martial
Facts Relevant to the Determination of a Sentence
Victim Impact Statement
Absolute Discharge
Restitution
Passing of Sentence
Provisions Applicable to Imprisonment and Detention
Computation of Term
Service Prisons and Detention Barracks
Suspension of Imprisonment or Detention
Committal to Imprisonment or Detention
Temporary Removal from Incarceration
Rules Applicable to Service Convicts and Service Prisoners
Validity of Documents
Mental Disorder during Imprisonment or Detention
Transfer of Offenders
Parole Eligibility
Sex Offender Information
Interpretation
Order to Comply with the Sex Offender Information Registration Act
Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008
Suspension of Time Limits, Proceedings and Obligations
Disclosure of Information
Authorizations, Designations and Regulations
Appeals
General Provisions
Right to Appeal
Entry of Appeals
Appeals from Dispositions
Court Martial Appeal Court of Canada
Disposition of Appeals by Court Martial Appeal Court of Canada
Rules of Appeal Procedure
Appeal to Supreme Court of Canada
Release Pending Appeal
may appeal that decision or order to the Court Martial Appeal Court.
Petition for New Trial
Miscellaneous Provisions
Right to be Represented
Defence Counsel Services
Witnesses at Courts Martial and before Commissioners
Warrant for Arrest on Non-Appearance of Accused
Effect of New Punishment
Restitution of Property
Reference to Ranks
Criminal Record
Complaints About or by Military Police
Interpretation
Military Police Complaints Commission
Establishment and Organization
I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Police Complaints Commission in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Police Complaints Commission, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)
Chairperson
Head Office
Staff
Duty to Act Expeditiously
Rules
Immunity
Annual Report
Complaints
Right to Complain
Conduct Complaints
Interference Complaints
Time Limit
To Whom Complaint May be Made
Withdrawal of Complaint
Record of Complaints
Subdivision 2
Disposal of Conduct Complaints
Review by Complaints Commission
Disposal of Interference Complaints
Investigations and Hearings by Complaints Commission
Review and Final Report
Miscellaneous Provisions Having General Application
Oaths
Witness Fees and Allowances
Disposal by Civil Authorities of Deserters and Absentees without Leave
Certificate of Civil Courts
Duties respecting Incarceration
Manoeuvres
Exemption from Tolls
Ships in Convoy
Salvage
Limitation or Prescription Periods, Liability and Exemptions
Compensation
and performing any function in relation to the Canadian Forces or any forces cooperating with the Canadian Forces, if the injury or disease or aggravation thereof arose out of or was directly connected with the performance of that function.
Dependants
Jurisdiction of Civil Courts
Inspections
Searches
may be searched only if a warrant for that purpose has been issued or the search is otherwise authorized by law.
may issue a warrant authorizing any officer or non-commissioned member named in the warrant, assisted by such other officers and non-commissioned members as are necessary, or a peace officer, to search the quarters, locker, storage space or personal or movable property for any such thing, and to seize and carry it before that commanding officer.
Public Service
Independent Review
[Repealed, 2019, c. 13, s. 84]
Aid of the Civil Power
Province of
To Wit
Whereas information has been received by me from responsible persons (or a notification has been received by me from a judge of a (superior) (county) (district) court having jurisdiction in ) that a riot or disturbance of the peace beyond the powers of the civil authorities to suppress (or to prevent or to deal with) and requiring the aid of the Canadian Forces to that end has occurred and is in progress (or is considered as likely to occur) at ;
And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power;
Now therefore I, , the Attorney General of , under and by virtue of the powers conferred by the National Defence Act, do hereby require you to call out the Canadian Forces or such part thereof as you consider necessary for the purpose of suppressing (or preventing or dealing with) the riot or disturbance.
Dated at , this day of , 19.
Attorney General
Offences Triable by Civil Courts
Application
Offences
is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.
in any advertising or in any trade or service, having been requested in writing by the Minister to cease that usage, is guilty of an offence punishable on summary conviction.
is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars for each offence.
is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars and not less than one hundred dollars or to imprisonment for any term not exceeding twelve months or to both.
is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both.
General
Lieutenant-General
Major-General
Brigadier-General
Colonel
Lieutenant-Colonel
Major
Captain
Lieutenant
Second Lieutenant
Officer Cadet
Chief Warrant Officer
Master Warrant Officer
Warrant Officer
Sergeant
Corporal
Private
Purpose
Declaration of Victims Rights
Interpretation
Rights
Information
Protection
High-Risk Accused
Participation
Restitution
General Provisions
Remedies
If the court martial makes a special finding of guilty, it shall state the differences between the facts proved and the facts alleged in the statement of particulars.
Order to Abstain from Communicating
Service Infractions
Summary Hearings
However, he or she may conduct such a hearing if, having regard to all the circumstances, it is not practicable for any other superior commander, commanding officer or delegated officer to conduct the hearing.