GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 202.202
Additional conditions — safety and security 202.202 If a court martial holds a hearing referred to in section 202.201, the court martial shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the disposition that the accused (a) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the disposition, or refrain from going to any place specified in the disposition; or (b) comply with any other condition specified in the disposition that the court martial considers necessary to ensure the safety and security of those persons. 2014, c. 6, ss. 26, 32
National Defence Act — N-5 202.21
Status quo pending Review Board’s hearing 202.21 (1) Where a court martial makes a finding of unfit to stand trial or not responsible on account of mental disorder in respect of an accused person and does not make a disposition in respect of the accused person under section 201, 202 or 202.16, any order or direction for the custody or release from custody of the accused person that is in force at the time the finding is made continues in force, subject to its terms, until a disposition in respect of the accused person is made by the Review Board. Variation of order (2) Notwithstanding subsection (1), a court martial may, on cause being shown, cancel any order or direction referred to in subsection (1) and make any other order or direction for the custody or release from custody of the accused person that the court martial considers to be appropriate in the circumstances, including an order directing that the accused person be detained in custody in a hospital or other appropriate place pending a disposition in respect of the accused person made by the Review Board. Subsequent court martial order takes precedence (3) Pending a disposition by the Review Board, where a court martial (a) makes a disposition under paragraph 201(1)(b) or 202.16(1)(c) in respect of an accused person, that disposition takes precedence over any prior sentence of imprisonment or detention of the accused person; or (b) imposes a sentence of imprisonment or detention on the accused person, that sentence takes precedence over any prior disposition made under paragraph 201(1)(b) or 202.16(1)(c). Disposition takes precedence over probation order (4) Where a disposition is made under paragraph 201(1)(b) or 202.16(1)(c) and the accused person is convicted or discharged conditionally under the Criminal Code by a civil court in respect of another offence but is not sentenced to a term of imprisonment in respect of that other offence, the disposition shall come into force and, notwithstanding any provision of the Criminal Code , takes precedence over any probation order made in respect of the offence. 1991, c. 43, s. 18; 2005, c. 22, s. 54
National Defence Act — N-5 202.22
Procedural irregularities 202.22 (1) Any procedural irregularity in relation to a hearing held by a court martial or Review Board does not affect the validity of the proceedings unless the accused person suffers substantial prejudice thereby. Reasons for disposition and copies to be provided (2) After making a disposition in respect of an accused person under section 201, 202 or 202.16, a court martial shall state its reasons for making the disposition in the record of the proceedings, and shall provide or cause to be provided to the accused person, the prosecutor and the person in charge of the hospital or other appropriate place where the accused person is detained in custody or is to attend pursuant to the disposition a copy of the disposition and those reasons. Transmittal of transcript to Review Board (3) If a court martial holds a hearing under subsection 200(2) or 202.15(1), whether or not it makes a disposition, it shall send without delay to the Review Board of the appropriate province, in original or copied form, a transcript of the hearing, any document or information relating to the hearing and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. Transmittal of transcript to Review Board (3.1) If the court martial does not hold a hearing referred to in subsection (3), it shall send without delay to the Review Board of the appropriate province, following a verdict of unfit to stand trial or not responsible on account of mental disorder, in original or copied form, any transcript of the proceedings in respect of the accused, any document or information relating to the proceedings and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. Order of committal (4) Where a court martial makes a disposition in respect of an accused person under section 201 or 202.16 directing that the accused person be placed and detained in custody in a hospital or other appropriate place, a committing authority referred to in subsection 219(1) shall issue a committal order in such form as is prescribed by regulation. 1991, c. 43, s. 18; 2005, c. 22, ss. 55, 61(F)
National Defence Act — N-5 202.23
 to the assessment order, make an order that is appropriate in the circumstances in relation to the accused person, including an order that the accused person be delivered to a place that is specified in the disposition or assessment order. If the justice or commanding officer makes an order under this subsection, notice shall be given to the Review Board that made the disposition or to the court martial or Review Board that made the assessment order. Powers of Review Board (5) Where a Review Board receives a notice pursuant to subsection (4), it may exercise the powers and shall perform the duties referred to in the Criminal Code in respect of the accused person as if the Review Board were conducting a review of a disposition. 1991, c. 43, s. 18; 2005, c. 22, ss. 56, 61(F); 2013, c. 24, s. 60
National Defence Act — N-5 202.24
Definition of protected statement 202.24 (1) In this section, protected statement means a statement made by the accused person, during the course and for the purposes of an assessment ordered under this Division or treatment directed by a disposition made under section 202, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction. Protected statements not admissible against accused (2) No protected statement or reference to a protected statement made by an accused person is admissible in evidence, without the consent of the accused person, in any proceeding before a court, court martial, tribunal, body or person with jurisdiction to compel the production of evidence. Exceptions (3) Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of (a) determining whether the accused person is unfit to stand trial; (b) making a disposition or placement decision respecting the accused person; (c) determining under subsection 202.162(3) whether to revoke a finding that an accused person is a high-risk accused; (d) determining whether the balance of the mind of the accused person was disturbed at the time of commission of the alleged offence, where the accused person is a female charged with an offence arising out of the death of her newly-born child; (e) determining whether the accused person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from responsibility by virtue of subsection 202.13(1), if the accused person puts his or her mental capacity to form the requisite intent into issue or if the prosecutor raises the issue after a finding is made of not responsible on account of mental disorder; (f) challenging the credibility of an accused person in any proceeding where the testimony of the accused person is inconsistent in a material particular with a protected statement that the accused person made previously; or (g) establishing the perjury of an accused person who is charged with perjury in respect of a statement made in any proceeding. 1991, c. 43, s. 18; 1998, c. 35, s. 92; 2005, c. 22, s. 57 2014, c. 6, s. 27
National Defence Act — N-5 202.25
Powers of Review Board 202.25 (1) Review Boards and their chairpersons may exercise the powers and shall perform the duties assigned to them under the Criminal Code , with any modifications that the circumstances require and unless the context otherwise requires, in relation to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and in relation to dispositions made under section 201 or 202.16 or subsection 202.161(4), except for the powers and duties referred to in subsections 672.5(8.1) and (8.2) and sections 672.851 and 672.86 to 672.89 of the Criminal Code . Application (1.1) For the application of subsection (1), a reference to the attorney general of a province in which a hearing is held under subsection 672.5(3) of the Criminal Code shall be read as a reference to the Director of Military Prosecutions. References to Attorney General (1.1) For the purpose of subsection (1), a reference to the Attorney General in subsections 672.81(1.1) and (1.31) of the Criminal Code shall be read as a reference to the Director of Military Prosecutions. [2014, c. 6, s. 28] References to Attorney General (1.1) For the purpose of subsection (1), a reference to the Attorney General of a province in which a hearing is held under subsection 672.5(3) of the Criminal Code and a reference to the Attorney General in subsections 672.81(1.1) and (1.31) of that Act shall be read as a reference to the Director of Military Prosecutions. [2014, c. 6, s. 32] Application of paragraph 672.121(a) of Criminal Code (2) For the purpose of subsection (1), the reference to subsection 672.851(1) of the Criminal Code in paragraph 672.121(a) of that Act shall be read as a reference to subsection 202.121(1) of this Act. 1991, c. 43, s. 18; 2005, c. 22, s. 58; 2013, c. 24, s. 61 2014, c. 6, s. 28 2014, c. 6, s. 32
National Defence Act — N-5 202.26
Application of ss. 672.67 to 672.71 of Criminal Code to findings 202.26 Sections 672.67 to 672.71 of the Criminal Code apply, with any modifications that the circumstances require, to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province. 1991, c. 43, s. 18; 1998, c. 35, s. 54; 2005, c. 22, s. 58
National Defence Act — N-5 203.1
Fundamental purpose of sentencing 203.1 (1) The fundamental purpose of sentencing is to maintain the discipline, efficiency and morale of the Canadian Forces. Objectives (2) The fundamental purpose of sentencing is to be achieved by imposing just punishments that have one or more of the following objectives: (a) to promote a habit of obedience to lawful commands and orders; (b) to maintain public trust in the Canadian Forces as a disciplined armed force; (c) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (d) to deter offenders and other persons from committing offences; (e) to assist in rehabilitating offenders; (f) to assist in reintegrating offenders into military service; (g) to separate offenders, if necessary, from other officers or non-commissioned members or from society generally; (h) to provide reparations for harm done to victims or to the community; and (i) to promote a sense of responsibility in offenders and an acknowledgment of the harm done to victims or to the community. 2013, c. 24, s. 62 2019, c. 15, s. 63
National Defence Act — N-5 203.2
Fundamental principle of sentencing 203.2 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. 2013, c. 24, s. 62
National Defence Act — N-5 203.3
Other sentencing principles 203.3 Sentences must be imposed in accordance with the following other principles: (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and aggravating circumstances include, but are not restricted to, evidence establishing that (i) the offender, in committing the offence, abused their rank or other position of trust or authority, (ii) the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, (iii) the offender, in committing the offence, abused their spouse or common-law partner, (iv) the offender, in committing the offence, abused a person under the age of 18 years, (v) the commission of the offence resulted in substantial harm to the conduct of a military operation, (vi) the offence was committed in a theatre of hostilities, (vii) the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or (viii) the offence was a terrorism offence; (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances; (c) an offender should not be deprived of liberty by imprisonment or detention if less restrictive punishments may be appropriate in the circumstances; (c.1) all available punishments, other than imprisonment and detention, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders; (d) a sentence should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces; and (e) any indirect consequences of the finding of guilty or the sentence should be taken into consideration. 2013, c. 24, s. 62 2019, c. 15, s. 63
National Defence Act — N-5 203.4
Abuse of persons under age of 18 203.4 When a court martial imposes a sentence for an offence that involved the abuse of a person under the age of 18 years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct. 2013, c. 24, s. 62 2019, c. 15, s. 63
National Defence Act — N-5 203.5
Disputed facts 203.5 (1) If there is a dispute with respect to any fact that is relevant to the determination of a sentence, (a) the court martial shall request that evidence be adduced as to the existence of the fact unless it is satisfied that sufficient evidence was adduced at trial; (b) subject to paragraph (c), the court martial shall be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and (c) the prosecutor shall establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction of the accused person. Panel (2) In the case of a General Court Martial, the court martial (a) shall accept as proven all facts, express or implied, that are essential to the court martial panel’s finding of guilty; and (b) may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact. 2013, c. 24, s. 62
National Defence Act — N-5 203.6
Duty to consider victim impact statement 203.6 (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim. Filing of statement (2) The victim’s statement must be filed in accordance with regulations made by the Governor in Council. Presentation of statement (3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to present the statement by (a) reading it; (b) reading it in the presence and close proximity of any support person of the victim’s choice; (c) subject to subsection 203.7(4), reading it outside the courtroom or behind a screen or other device that would allow the victim not to see the offender; or (d) presenting it in any other manner that the court martial considers appropriate. Evidence concerning victim admissible (4) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely. 2013, c. 24, s. 62 2019, c. 15, s. 63
National Defence Act — N-5 203.7
Inquiry by court martial 203.7 (1) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection 203.6(1). Adjournment (2) On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the proceedings to permit a victim to prepare a statement or to present evidence in accordance with subsection 203.6(4), if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. Photograph (3) During the presentation (a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings; or (b) if the statement is presented by an individual acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings. Conditions of exclusion (4) The victim shall not present the statement outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation. Consideration of statement (5) In considering the statement, the court martial shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection 203.6(1) and disregard any other portion. 2013, c. 24, s. 62 2019, c. 15, s. 63
National Defence Act — N-5 203.71
Military impact statement 203.71 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale. Filing of statement (2) The statement must be prepared by an officer or non-commissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council. Presentation of statement (3) The court martial shall, at the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate. Copy of statement (4) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender. 2019, c. 15, s. 63
National Defence Act — N-5 203.72
Community impact statement 203.72 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made by an individual on a community’s behalf, describing the harm or loss suffered by the community as a result of the commission of the offence and the impact of the offence on the community. Filing of statement (2) The statement must be filed in accordance with regulations made by the Governor in Council. Presentation of statement (3) The court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by (a) reading it; (b) reading it in the presence and close proximity of any support person of the individual’s choice; (c) subject to subsection (4), reading it outside the courtroom or behind a screen or other device that would allow the individual not to see the offender; or (d) presenting it in any other manner that the court martial considers appropriate. Conditions of exclusion (4) The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation. Copy of statement (5) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender. 2019, c. 15, s. 63
National Defence Act — N-5 203.8
Absolute discharge 203.8 (1) If an accused person pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years or for life, the court martial before which the accused appears may, if it considers it to be in the accused person’s best interests and not contrary to the public interest, instead of convicting the accused person, direct that they be discharged absolutely. Effect of discharge (2) If a court martial directs that an offender be discharged absolutely of an offence, the offender is deemed not to have been convicted of the offence, except that (a) they may appeal from the determination of guilt as if it were a conviction in respect of the offence; (b) the Minister may appeal from the decision not to convict the offender of the offence as if that decision were a finding of not guilty in respect of the offence; and (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence. References to section 730 of Criminal Code (3) A reference in any Act of Parliament to a discharge under section 730 of the Criminal Code is deemed to include an absolute discharge under subsection (1). 2013, c. 24, s. 62 2019, c. 15, s. 63