GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 71.04
Information about offender or accused 71.04 (1) Every victim has the right, on request, to information about (a) the offender while they are in a service prison or detention barrack; (b) the release of the offender from a service prison or detention barrack; (b.1) 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 (c) 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 (d) hearings held by a Review Board under section 202.25 and the dispositions made at those hearings. Disclosure of information (2) 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. 2019, c. 15, s. 7 2019, c. 15, s. 64
National Defence Act — N-5 71.05
Security 71.05 Every victim has the right to have their security considered by the appropriate authorities in the military justice system. 2019, c. 15, s. 7
National Defence Act — N-5 71.06
Protection from intimidation and retaliation 71.06 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.07
Privacy 71.07 Every victim has the right to have their privacy considered by the appropriate authorities in the military justice system. 2019, c. 15, s. 7
National Defence Act — N-5 71.08
Identity protection 71.08 Every victim has the right to request that their identity be protected if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence. 2019, c. 15, s. 7
National Defence Act — N-5 71.09
Testimonial aids 71.09 Every victim has the right to request testimonial aids when appearing as a witness in proceedings relating to the service offence. 2019, c. 15, s. 7
National Defence Act — N-5 71.1
Views to be considered 71.1 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.11
Victim impact statement 71.11 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.12
Restitution order 71.12 Every victim has the right to have the court martial consider making a restitution order against the offender. 2019, c. 15, s. 7
National Defence Act — N-5 71.13
Enforcement 71.13 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.14
Application 71.14 (1) This Division applies in respect of a victim of a service offence in their interactions with the military justice system (a) while the offence is being investigated or prosecuted or the charge is being referred; (b) 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 (c) 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. Reporting of offence (2) 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.15
Exercise of rights 71.15 (1) The rights of victims under this Division are to be exercised through the mechanisms provided by law. Connection to Canada (2) A victim is entitled to exercise their rights under this Division only if (a) they are present in Canada; or (b) they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act . 2019, c. 15, s. 7
National Defence Act — N-5 71.16
Victim’s liaison officer 71.16 (1) 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. Absence or incapacity (2) 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. Role of victim’s liaison officer (3) Assistance by a victim’s liaison officer consists of (a) explaining to the victim the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and (b) 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.17
Interpretation of this Division 71.17 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 (a) interfere with the proper administration of military justice, including (i) by causing interference with investigative discretion or by causing excessive delay in, compromising or hindering the investigation of any service offence, (ii) 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 (iii) by causing interference with prosecutorial discretion or by causing excessive delay in, compromising or hindering the prosecution of any service offence; (b) interfere with ministerial discretion in respect of any service offence; (c) interfere with the discretion that may be exercised by any person or body authorized to release an accused person or offender into the community; (d) endanger the life or safety of any individual; or (e) cause injury to international relations, national defence or national security. 2019, c. 15, s. 7
National Defence Act — N-5 71.18
Interpretation of other Acts, regulations, etc. 71.18 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.19
Primacy in event of inconsistency 71.19 (1) 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. Exception — Acts, regulations, etc. (2) 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.2
No adverse inference 71.2 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.21
Entering or remaining in Canada 71.21 Nothing in this Division is to be construed so as to permit any individual to (a) enter Canada or remain in Canada beyond the end of the period for which they are authorized to so remain; (b) delay any removal proceedings or prevent the enforcement of any removal order; or (c) delay any extradition proceedings or prevent the extradition of any person to or from Canada. 2019, c. 15, s. 7
National Defence Act — N-5 71.22
Complaint 71.22 (1) 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. Complaints mechanism (2) Regulations made by the Governor in Council may, among other things, provide for (a) the review of complaints involving alleged infringements or denials of rights under this Division; (b) the power to make recommendations to remedy such infringements and denials; and (c) the obligation to notify victims of the result of those reviews and of any recommendations that were made. 2019, c. 15, s. 7
National Defence Act — N-5 71.23
Status 71.23 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.24
No cause of action 71.24 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. 2019, c. 15, s. 7
National Defence Act — N-5 71.25
No appeal 71.25 No appeal lies from any decision or order solely on the grounds that a right under this Division has been infringed or denied. 2019, c. 15, s. 7
National Defence Act — N-5 72
Parties to offences 72 (1) Every person is a party to and guilty of an offence who (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; (c) abets any person in committing it; or (d) counsels or procures any person to commit it. Attempts (2) 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. Common intention (3) 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. R.S., c. N-4, s. 62
National Defence Act — N-5 72.1
Rules and principles of civil courts applicable 72.1 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. 2013, c. 24, s. 15
National Defence Act — N-5 72.2
Ignorance not to constitute excuse 72.2 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. 2013, c. 24, s. 15
National Defence Act — N-5 73
Offences by commanders when in action 73 Every officer in command of a vessel, aircraft, defence establishment, unit or other element of the Canadian Forces who (a) 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, (b) 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, (c) 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, (d) being in action, improperly withdraws from the action, (e) improperly fails to pursue an enemy or to consolidate a position gained, (f) improperly fails to relieve or assist a known friend to the utmost of his power, or (g) when in action, improperly forsakes his station, 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. R.S., 1985, c. N-5, s. 73; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 24
National Defence Act — N-5 74
Offences by any person in presence of enemy 74 Every person who (a) improperly delays or discourages any action against the enemy, (b) goes over to the enemy, (c) when ordered to carry out an operation of war, fails to use his utmost exertion to carry the orders into effect, (d) improperly abandons or delivers up any defence establishment, garrison, place, materiel, post or guard, (e) assists the enemy with materiel, (f) improperly casts away or abandons any materiel in the presence of the enemy, (g) 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, (h) when on watch in the presence or vicinity of the enemy, leaves his post before he is regularly relieved or sleeps or is drunk, (i) behaves before the enemy in such manner as to show cowardice, or (j) 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, 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. R.S., 1985, c. N-5, s. 74; 1998, c. 35, s. 25
National Defence Act — N-5 75
Offences related to security 75 Every person who (a) improperly holds communication with or gives intelligence to the enemy, (b) 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, (c) 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, (d) makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it, (e) gives a parole, watchword, password, countersign or identification signal different from that which he received, (f) without authority alters or interferes with any identification or other signal, (g) improperly occasions false alarms, (h) when acting as sentry or lookout, leaves his post before he is regularly relieved or sleeps or is drunk, (i) forces a safeguard or forces or strikes a sentinel, or (j) 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, 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. R.S., 1985, c. N-5, s. 75; 1998, c. 35, s. 26
National Defence Act — N-5 76
Offences related to prisoners of war 76 Every person who (a) by want of due precaution, or through disobedience of orders or wilful neglect of duty, is made a prisoner of war, (b) having been made a prisoner of war, fails to rejoin Her Majesty’s service when able to do so, or (c) having been made a prisoner of war, serves with or aids the 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. R.S., 1985, c. N-5, s. 76; 1998, c. 35, s. 27
National Defence Act — N-5 77
Offences related to operations 77 Every person who (a) does violence to any person bringing materiel to any of Her Majesty’s Forces or to any forces cooperating therewith, (b) irregularly detains any materiel being conveyed to any unit or other element of Her Majesty’s Forces or of any forces cooperating therewith, (c) 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, (d) without orders from the person’s superior officer, improperly destroys or damages any property, (e) breaks into any house or other place in search of plunder, (f) commits any offence against the property or person of any inhabitant or resident of a country in which he is serving, (g) steals from, or with intent to steal searches, the person of any person killed or wounded, in the course of warlike operations, (h) steals any money or property that has been left exposed or unprotected in consequence of warlike operations, or (i) takes otherwise than for the public service any money or property abandoned by the enemy, 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. R.S., c. N-4, s. 67
National Defence Act — N-5 78
Offence of being spy 78 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. R.S., 1985, c. N-5, s. 78; 1998, c. 35, s. 28
National Defence Act — N-5 79
Mutiny with violence 79 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. R.S., 1985, c. N-5, s. 79; 1998, c. 35, s. 28
National Defence Act — N-5 80
Mutiny without violence 80 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. R.S., 1985, c. N-5, s. 80; 1998, c. 35, s. 28
National Defence Act — N-5 81
Offences related to mutiny 81 Every person who (a) causes or conspires with any other person to cause a mutiny, (b) endeavours to persuade any person to join in a mutiny, (c) being present, does not use his utmost endeavours to suppress a mutiny, or (d) being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., c. N-4, s. 71
National Defence Act — N-5 82
Advocating governmental change by force 82 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. R.S., c. N-4, s. 72
National Defence Act — N-5 83
Disobedience of lawful command 83 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. R.S., c. N-4, s. 73
National Defence Act — N-5 84
Striking or offering violence to a superior officer 84 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. R.S., c. N-4, s. 74
National Defence Act — N-5 85
Insubordinate behaviour 85 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. R.S., c. N-4, s. 75
National Defence Act — N-5 86
Quarrels and disturbances 86 Every person who (a) quarrels or fights with any other person who is subject to the Code of Service Discipline, or (b) uses provoking speeches or gestures toward a person so subject that tend to cause a quarrel or disturbance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 76
National Defence Act — N-5 87
Resisting or escaping from arrest or custody 87 Every person who (a) being concerned in a quarrel, fray or disorder, (i) refuses to obey an officer, though of inferior rank, who orders the person into arrest, or (ii) strikes or uses or offers violence to any such officer, (b) 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, (c) resists an escort whose duty it is to apprehend him or to have him in charge, or (d) breaks out of barracks, station, camp, quarters or ship, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 77
National Defence Act — N-5 88
Offence 88 (1) 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. Definition (2) A person deserts who (a) 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; (b) having been warned that his vessel is under sailing orders, is absent without authority with the intention of missing that vessel; (c) absents himself without authority from his place of duty with the intention of remaining absent from his place of duty; (d) 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 (e) 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. Presumption of desertion (3) 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. R.S., c. N-4, s. 78