National Defence Act — N-5 2
g means a hearing conducted under section 163; ( audience sommaire ) summary trial [Repealed, 2019, c. 15, s. 2] superior officer means any officer or non-commissioned member who, in relation to any other officer or non-commissioned member, is by this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 ) terrorism offence means (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code , (b) 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, (c) 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 (d) 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 ) terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code ; ( activité terroriste ) terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code ; ( groupe terroriste ) 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 (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel; ( inaptitude à subir son procès ) 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 ) 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 ) Acting on victim’s behalf (1.1) 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: (a) if the victim is dead or is incapable, other than for operational reasons, of acting on their own behalf, (i) the victim’s spouse or the individual who was at the time of the victim’s death their spouse, (ii) 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, (iii) a relative or dependant of the victim, (iv) an individual who has in law or fact custody of, or is responsible for the care or support of, the victim, and (v) 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 (b) 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. Exception — not a victim (1.2) An individual is not a victim in r