GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 226.1
Sentence of imprisonment for life 226.1 (1) A court martial that imposes a punishment of imprisonment for life shall pronounce the following sentence: (a) 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; (b) 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; (c) 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; (d) 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 (e) in the case of a person who has been convicted of any other offence, imprisonment for life with normal eligibility for parole. Provisions of Criminal Code apply (2) 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) 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 (b) 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. 2013, c. 24, ss. 68, 132
National Defence Act — N-5 226.2
Power of court martial to delay parole 226.2 (1) 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. Condition (2) 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. Criminal organization offences (3) 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. Power of court martial to delay parole (4) 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 . Objectives (5) 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. 2013, c. 24, s. 68
National Defence Act — N-5 227
Definitions 227 The following definitions apply in this Division. 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 ) database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act . ( banque de données ) designated offence means (a) 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; (b) 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; (c) an attempt or conspiracy to commit an offence referred to in paragraph (a); or (d) an attempt or conspiracy to commit an offence referred to in paragraph (b). ( infraction désignée ) 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 ) officer, or non-commissioned member, of the primary reserve means an officer, or non-commissioned member, of the reserve force (a) who is required, whether on active service or not, to perform military or any other form of duty or training; (b) whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and (c) who is required to undergo annual training. ( officier ou militaire du rang de la première réserve ) 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 ) prescribed form means a form prescribed in the regulations made by the Governor in Council. ( formulaire réglementaire ) 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 ) registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act . ( bureau d’inscription ) Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code . ( commission d’examen ) R.S., 1985, c. N-5, s. 227; 1998, c. 35, s. 65; 2007, c. 5, s. 4; 2012, c. 1, s. 153; 2014, c. 25, s. 37
National Defence Act — N-5
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 )
National Defence Act — N-5
database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act . ( banque de données )
National Defence Act — N-5 (a)
designated offence means (a) 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; (b) 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; (c) an attempt or conspiracy to commit an offence referred to in paragraph (a); or (d) an attempt or conspiracy to commit an offence referred to in paragraph (b). ( infraction désignée )
National Defence Act — N-5
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 )
National Defence Act — N-5 (a)
officer, or non-commissioned member, of the primary reserve means an officer, or non-commissioned member, of the reserve force (a) who is required, whether on active service or not, to perform military or any other form of duty or training; (b) whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and (c) who is required to undergo annual training. ( officier ou militaire du rang de la première réserve )
National Defence Act — N-5
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 )
National Defence Act — N-5
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 )
National Defence Act — N-5
registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act . ( bureau d’inscription )
National Defence Act — N-5
Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code . ( commission d’examen )
National Defence Act — N-5 227.02
Date order begins 227.02 (1) An order made under section 227.01 begins on the day on which it is made. Duration of order (2) An order made under subsection 227.01(1) or (2) (a) 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; (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and (c) applies for life if the maximum term of imprisonment for the offence is life. Duration of order (2.1) 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. Duration of order (3) 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 . Duration of order (4) 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 . Duration of order (5) An order made under subsection 227.01(3) applies for life. 2007, c. 5, s. 4; 2010, c. 17, s. 48
National Defence Act — N-5 227.03
Application for termination order 227.03 (1) A person who is subject to an order may apply for a termination order (a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(a); (b) 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 (c) 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). Multiple orders (2) 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. Pardon or record suspension (3) 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. Scope of application (4) 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. Re-application (5) 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. Jurisdiction (6) 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 . Court martial (7) 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. 2007, c. 5, s. 4; 2008, c. 29, s. 20; 2010, c. 17, s. 49; 2012, c. 1, s. 154
National Defence Act — N-5 227.04
Termination order 227.04 (1) 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 . Reasons for decision (2) The court martial shall give reasons for the decision. Notice to Provost Marshal (3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision. 2007, c. 5, s. 4; 2010, c. 17, s. 50; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.05
Requirements relating to notice 227.05 (1) When a court martial makes an order under section 227.01, it shall cause (a) the order to be read by or to the person who is subject to it; (b) a copy of the order to be given to that person; (c) 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 (d) a copy of the order to be sent to (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable, (ii) 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 (iii) the Provost Marshal. Notice on disposition by Review Board (2) 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, (a) 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 (b) 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 . Notice before release (3) 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. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.06
Obligation to comply 227.06 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 . 2007, c. 5, s. 4
National Defence Act — N-5 227.07
Persons who may be served 227.07 (1) 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. Exception (2) A notice shall not be served on a person if (a) they may be served with a notice under section 490.021 of the Criminal Code ; (b) 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 (c) 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. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.08
Period for and method of service 227.08 (1) The notice shall be personally served within one year after the day on which section 227.07 comes into force. Exception (2) 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. Proof of service (3) 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 (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case; (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit. Requirements relating to notice (4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.09
Date obligation begins 227.09 (1) The obligation under section 227.06 begins (a) 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 (b) when an exemption order is quashed. Date obligation ends (2) 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 . Duration of obligation (3) If subsection (2) does not apply earlier, the obligation (a) 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; (b) 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; (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or (d) 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. 2007, c. 5, s. 4; 2014, c. 25, s. 39
National Defence Act — N-5 227.1
Application for exemption order 227.1 (1) 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. Jurisdiction (2) 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 . Court martial (3) 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. Exemption order (4) 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 . Reasons for decision (5) The court martial shall give reasons for the decision. Removal of information from database (6) 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. 2007, c. 5, s. 4; 2008, c. 29, s. 21; 2010, c. 17, s. 52
National Defence Act — N-5 227.11
Requirements relating to notice 227.11 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 . 2007, c. 5, s. 4; 2013, c. 24, s. 107(F)