GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 163.91
Authority to commute, mitigate or remit sanctions 163.91 (1) A review authority may commute, mitigate or remit any or all of the sanctions imposed by an officer who conducted a summary hearing. Definitions (2) The following definitions apply in subsection (1). commute means to replace a sanction with another sanction that is lower in the scale of sanctions. ( commuer ) mitigate means to impose a lesser amount of the same sanction. ( mitiger ) remit means to exempt a person from the requirement to undergo the whole or any part of a sanction. ( remettre ) 2019, c. 15, s. 25
National Defence Act — N-5
commute means to replace a sanction with another sanction that is lower in the scale of sanctions. ( commuer )
National Defence Act — N-5
mitigate means to impose a lesser amount of the same sanction. ( mitiger )
National Defence Act — N-5
remit means to exempt a person from the requirement to undergo the whole or any part of a sanction. ( remettre )
National Defence Act — N-5 165
Charge must be preferred 165 (1) A person may be tried by court martial only if a charge against the person is preferred by the Director of Military Prosecutions. Meaning of prefer (2) 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. R.S., 1985, c. N-5, s. 165; 1992, c. 16, s. 2; 1998, c. 35, s. 42; 2013, c. 24, s. 37
National Defence Act — N-5 165.1
Appointment 165.1 (1) 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. Tenure of office and removal (2) 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. Powers of inquiry committee (2.1) 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 (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. Re-appointment (3) The Director of Military Prosecutions is eligible to be re-appointed on the expiry of a first or subsequent term of office. 1992, c. 16, s. 2; 1998, c. 35, s. 42; 2013, c. 24, s. 38
National Defence Act — N-5 165.11
Duties and functions 165.11 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. 1998, c. 35, s. 42
National Defence Act — N-5 165.12
Preferring charges 165.12 (1) When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may (a) prefer the charge; or (b) prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge. Irregularity, informality or defect (1.1) 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. Withdrawing charges (2) 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. Effect of withdrawing charge (3) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time. Effect of not preferring charge (4) A decision not to prefer a charge does not preclude the charge from being preferred at any subsequent time. 1998, c. 35, s. 42; 2013, c. 24, s. 39
National Defence Act — N-5 165.13
Reasons for not proceeding 165.13 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. 1998, c. 35, s. 42 2019, c. 15, s. 26
National Defence Act — N-5 165.15
Barristers and advocates to assist 165.15 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. 1998, c. 35, s. 42
National Defence Act — N-5 165.16
Acting Director of Military Prosecutions 165.16 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. 1998, c. 35, s. 42
National Defence Act — N-5 165.17
Relationship to Judge Advocate General 165.17 (1) The Director of Military Prosecutions acts under the general supervision of the Judge Advocate General. General instructions (2) 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. Specific instructions (3) The Judge Advocate General may issue instructions or guidelines in writing in respect of a particular prosecution. Availability to public (4) The Director of Military Prosecutions shall ensure that instructions and guidelines issued under subsection (3) are available to the public. Exception (5) 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. Copies to Minister (6) The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline made under this section. 1998, c. 35, s. 42
National Defence Act — N-5 165.18
Appointment 165.18 There shall be a person appointed to be the Court Martial Administrator. 1998, c. 35, s. 42
National Defence Act — N-5 165.19
Duties 165.19 (1) 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. Summoning of accused person (1.1) The Court Martial Administrator shall summon the accused person to appear at the court martial. Other duties (2) The Court Martial Administrator performs such other duties as may be specified by this Act or prescribed by the Governor in Council in regulations. Relationship to Chief Military Judge (3) The Court Martial Administrator acts under the general supervision of the Chief Military Judge. 1998, c. 35, s. 42; 2008, c. 29, s. 7; 2013, c. 24, s. 40
National Defence Act — N-5 165.191
Convening General Court Martial 165.191 (1) The Court Martial Administrator shall convene a General Court Martial if any charge preferred against an accused person on a charge sheet is (a) an offence under this Act, other than under section 130 or 132, that is punishable by imprisonment for life; (b) an offence punishable under section 130 that is punishable by imprisonment for life; or (c) an offence punishable under section 130 that is referred to in section 469 of the Criminal Code. Consent to be tried by Standing Court Martial (2) 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. Withdrawal of consent (3) 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. 2008, c. 29, s. 8
National Defence Act — N-5 165.192
Convening Standing Court Martial 165.192 The Court Martial Administrator shall convene a Standing Court Martial if every charge preferred against an accused person on a charge sheet is (a) 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 (b) an offence that is punishable under section 130 and is punishable on summary conviction under any Act of Parliament. 2008, c. 29, s. 8
National Defence Act — N-5 165.193
Choice of accused 165.193 (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. Notification (2) 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). Failure to make choice (3) 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. New choice — as of right (4) 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. New choice — with consent (5) 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. Two or more accused (6) 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. Convening of court martial (7) The Court Martial Administrator shall convene a General Court Martial or Standing Court Martial in accordance with this section. 2008, c. 29, s. 8
National Defence Act — N-5 165.2
Acting Court Martial Administrator 165.2 The duties and functions of the Court Martial Administrator may be performed by any person authorized by the Court Martial Administrator. 1998, c. 35, s. 42
National Defence Act — N-5 165.21
Appointment 165.21 (1) 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. Oath (2) Every military judge shall, before commencing the duties of office, take the following oath of office: 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.) Removal for cause (3) 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. Ceasing to hold office (4) 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. Resignation (5) 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. 1998, c. 35, s. 42; 2011, c. 22, s. 2; 2013, c. 24, s. 41
National Defence Act — N-5
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.)
National Defence Act — N-5 165.22
Panel established 165.22 (1) 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) is a barrister or advocate of at least 10 years’ standing at the bar of a province; (b) has been a military judge; (c) has presided at a Standing Court Martial or a Special General Court Martial; or (d) has been a judge advocate at a court martial. Reserve force military judge (2) An officer named to the panel is referred to in this Act as a “reserve force military judge”. Oath (3) Every reserve force military judge shall, before commencing the duties of office, take the following oath of office: 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.) 1998, c. 35, s. 42; 2013, c. 24, s. 41
National Defence Act — N-5 165.221
Removal from panel 165.221 (1) 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. Automatic removal from panel (2) 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. Voluntary removal from panel (3) 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. 2013, c. 24, s. 41
National Defence Act — N-5 165.222
Chief Military Judge 165.222 (1) 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. Training (2) The Chief Military Judge may request a reserve force military judge to undergo any training that may be specified by the Chief Military Judge. 2013, c. 24, s. 41
National Defence Act — N-5 165.223
Restriction on activities 165.223 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. 2013, c. 24, s. 41
National Defence Act — N-5 165.23
Judicial duties and functions 165.23 (1) 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. Other duties and functions (2) 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. Boards of inquiry (3) Military judges may, with the concurrence of the Chief Military Judge, be appointed as a board of inquiry. 1998, c. 35, s. 42
National Defence Act — N-5 165.231
Immunity 165.231 A military judge has the same immunity from liability as a judge of a superior court of criminal jurisdiction. 2013, c. 24, s. 42
National Defence Act — N-5 165.24
Chief Military Judge 165.24 (1) The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Chief Military Judge. Rank (2) The Chief Military Judge holds a rank that is not less than colonel. 1998, c. 35, s. 42; 2013, c. 24, s. 43
National Defence Act — N-5 165.25
Duties and functions 165.25 The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act. 1998, c. 35, s. 42
National Defence Act — N-5 165.26
Delegation 165.26 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. 1998, c. 35, s. 42; 2013, c. 24, s. 44
National Defence Act — N-5 165.27
Delegation 165.27 The Chief Military Judge may delegate any of the Chief Military Judge’s duties and functions to a military judge. 1998, c. 35, s. 42
National Defence Act — N-5 165.28
Deputy Chief Military Judge 165.28 The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Deputy Chief Military Judge. 2013, c. 24, s. 45
National Defence Act — N-5 165.29
Power, duties and functions 165.29 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. 2013, c. 24, s. 45
National Defence Act — N-5 165.3
Rules of practice and procedure 165.3 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: (a) pre-trial conferences and other preliminary proceedings; (b) the making of applications under section 158.7; (c) the bringing of persons before a military judge under section 159; (d) the scheduling of trials by court martial; (e) the minutes of proceedings of courts martial and other proceedings; (f) documents, exhibits or other things connected with any proceeding, including public access to them; and (g) any other aspects of practice and procedure that are prescribed in regulations made by the Governor in Council. 2013, c. 24, s. 45
National Defence Act — N-5 165.31
Composition of Committee 165.31 (1) 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. Chairperson (2) The Chief Justice shall appoint one of the judges to act as Chairperson. Powers of inquiry committee (3) 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 (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. 2013, c. 24, s. 45
National Defence Act — N-5 165.32
Inquiry required 165.32 (1) 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. Other inquiry (2) 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. Examination and recommendation (3) 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. Notice to military judge (4) 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. Inquiry held in public or private (5) 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. Counsel (6) 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. Recommendation to the Governor in Council (7) The inquiry committee may recommend to the Governor in Council that the military judge be removed if, in its opinion, (a) the military judge has become incapacitated or disabled from the due execution of his or her judicial duties by reason of (i) infirmity, (ii) having been guilty of misconduct, (iii) having failed in the due execution of his or her judicial duties, or (iv) 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 (b) the military judge does not satisfy the physical and medical fitness standards applicable to officers. Report (8) 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. 2013, c. 24, s. 45
National Defence Act — N-5 165.33
Composition of Committee 165.33 (1) There is established a Military Judges Compensation Committee consisting of three part-time members to be appointed by the Governor in Council as follows: (a) one person nominated by the military judges; (b) one person nominated by the Minister; and (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b). Tenure and removal (2) 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. Reappointment (3) A member is eligible to be reappointed for one further term. Absence or incapacity (4) 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). Vacancy (5) 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. Quorum (6) All three members of the compensation committee together constitute a quorum. Remuneration (7) 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. 2013, c. 24, s. 45
National Defence Act — N-5 165.34
Mandate 165.34 (1) The Military Judges Compensation Committee shall inquire into the adequacy of the remuneration of military judges. Factors to be considered (2) In conducting its inquiry, the compensation committee shall consider (a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government; (b) the role of financial security of the judiciary in ensuring judicial independence; (c) the need to attract outstanding candidates to the judiciary; and (d) any other objective criteria that the committee considers relevant. Quadrennial inquiry (3) 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. Postponement (4) The compensation committee may, with the consent of the Minister and the military judges, postpone the commencement of a quadrennial inquiry. 2013, c. 24, s. 45