Versions of s. 183.3(2)

N-5 — National Defence Act · 2 versions · View current text

Historical text comes from the Justice Laws point-in-time corpus and is unofficial — not the official version.

2026-07-18 to present available View Source

In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under ~~section 264, 271, 272 or 273 of~~ the Criminal ~~Code,~~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.

Full text

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.
2022-06-20 to 2026-07-18 View Source

In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under section 264, 271, 272 or 273 of the Criminal Code, a 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.