GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 147.5
Return to owner 147.5 Where the Minister is, on application for an order under this section, satisfied that a person, other than the person against whom an order under subsection 147.1(1) was made, (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 147.3(1) and is lawfully entitled to possess it, and (b) had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the order was made, the Minister shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner, or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner. 1995, c. 39, s. 176
National Defence Act — N-5 147.6
If injury or damage feared 147.6 (1) An information may, in accordance with regulations made by the Governor in Council, be laid before a military judge by or on behalf of any victim who fears on reasonable grounds that a person who is subject to the Code of Service Discipline will cause physical or emotional harm to the victim, to the victim’s spouse, to a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, or to the victim’s child or will cause damage to the victim’s property. Parties to appear (2) The military judge who receives the information shall cause the parties to appear before the military judge, either in person or otherwise. Order (3) The military judge may, if satisfied by the evidence that there are reasonable grounds for the victim’s fears, order that the person who is subject to the Code of Service Discipline and who is referred to in the information (a) abstain from communicating, directly or indirectly, with any of the following individuals who are specified in the order: (i) the victim, (ii) the victim’s spouse, (iii) a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, (iv) the victim’s child; (b) refrain from going to any place specified in the order; or (c) comply with any other condition specified in the order that the military judge considers necessary. Absence of military judge (4) If, for operational reasons, no military judge is available, the information may be laid before a commanding officer and, if it is so laid, that commanding officer has all the powers of a military judge that are set out in subsection (3). Review (5) Every decision of a commanding officer to make or not make an order under subsection (3) must be reviewed as soon as feasible by a military judge. The military judge may, at the conclusion of the review, amend any order that was made and, if none was made, make any order under that subsection. 2019, c. 15, s. 16
National Defence Act — N-5 148
Imprisonment or detention 148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order (a) that the sentence be served intermittently at the times specified in the order; and (b) that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served. Application to vary intermittent sentence (2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions. New sentence of imprisonment or detention (3) If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise. Hearing into breach of conditions (4) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge. Consequences of breach (5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may (a) revoke the order made under subsection (1) and order that the offender serve the sentence on consecutive days; or (b) vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit. R.S., 1985, c. N-5, s. 148; 2013, c. 24, s. 24 2019, c. 15, s. 63
National Defence Act — N-5 149
Concurrent punishment 149 Where a person is under a sentence imposed by a court martial that includes a punishment involving incarceration and another court martial subsequently passes a new sentence that also includes a punishment involving incarceration, both punishments of incarceration shall, subject to section 745.51 of the Criminal Code , after the date of the pronouncement of the new sentence, run concurrently but the punishment higher in the scale of punishments shall be served first. R.S., 1985, c. N-5, s. 149; 2011, c. 5, s. 7 2019, c. 15, s. 46
National Defence Act — N-5 149.1
149.1 [Repealed before coming into force, 2005, c. 22, s. 47]
National Defence Act — N-5 149.2
Punishment for certain offences 149.2 (1) Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of 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, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life. Offender must be notified (2) Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity. 2001, c. 41, s. 99
National Defence Act — N-5 152
152 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 47]
National Defence Act — N-5 153
Definitions 153 The definitions in this section apply in this Division. custody review officer , in respect of a person in custody, means (a) the officer who is the person’s commanding officer, or an officer who is designated by that officer; or (b) if it is not practical for an officer referred to in paragraph (a) to act as the custody review officer, the officer who is the commanding officer of the unit or element where the person is in custody or an officer who is designated by that officer. ( officier réviseur ) designated offence means (a) an offence that is punishable under section 130 that is (i) listed in section 469 of the Criminal Code , (ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act , or (iii) an offence of conspiring to commit an offence under any subsection referred to in subparagraph (ii); (b) an offence under this Act where the minimum punishment is imprisonment for life; (c) an offence under this Act for which a punishment higher in the scale of punishments than imprisonment for less than two years may be awarded that is alleged to have been committed while at large after having been released in respect of another offence pursuant to the provisions of this Division or Division 10; (d) an offence under this Act that is a criminal organization offence; or (e) an offence under this Act that is a terrorism offence. ( infraction désignée ) R.S., 1985, c. N-5, s. 153; R.S., 1985, c. 31 (1st Supp.), s. 47; 1998, c. 35, s. 40; 2001, c. 41, s. 100; 2012, c. 1, s. 48(E); 2013, c. 24, s. 26(F)
National Defence Act — N-5 (a)
custody review officer , in respect of a person in custody, means (a) the officer who is the person’s commanding officer, or an officer who is designated by that officer; or (b) if it is not practical for an officer referred to in paragraph (a) to act as the custody review officer, the officer who is the commanding officer of the unit or element where the person is in custody or an officer who is designated by that officer. ( officier réviseur )
National Defence Act — N-5 (a)
designated offence means (a) an offence that is punishable under section 130 that is (i) listed in section 469 of the Criminal Code , (ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act , or (iii) an offence of conspiring to commit an offence under any subsection referred to in subparagraph (ii); (b) an offence under this Act where the minimum punishment is imprisonment for life; (c) an offence under this Act for which a punishment higher in the scale of punishments than imprisonment for less than two years may be awarded that is alleged to have been committed while at large after having been released in respect of another offence pursuant to the provisions of this Division or Division 10; (d) an offence under this Act that is a criminal organization offence; or (e) an offence under this Act that is a terrorism offence. ( infraction désignée )
National Defence Act — N-5 154
General authority 154 (1) Every person who has committed, is found committing or is believed on reasonable grounds to have committed a service offence, or who is charged with having committed a service offence, may be placed under arrest. Reasonably necessary force (2) Every person authorized to effect arrest under this Division may use such force as is reasonably necessary for that purpose. R.S., 1985, c. N-5, s. 154; R.S., 1985, c. 31 (1st Supp.), s. 48; 1998, c. 35, s. 92
National Defence Act — N-5 155
Powers of officers 155 (1) An officer may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of (a) any non-commissioned member; (b) any officer of equal or lower rank; and (c) any officer of higher rank who is engaged in a quarrel, fray or disorder. Powers of non-commissioned members (2) A non-commissioned member may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of (a) any non-commissioned member of lower rank; and (b) any non-commissioned member of equal or higher rank who is engaged in a quarrel, fray or disorder. Limitations on power of arrest (2.1) Unless ordered to do so by a superior officer, an officer or non-commissioned member shall not order the arrest of a person, nor arrest a person, without a warrant for an offence that is not a serious offence if: (a) they have reasonable grounds to believe that the public interest may be satisfied without so arresting the person, having regard to all the circumstances including the need to (i) establish the person’s identity, (ii) secure or preserve evidence of or relating to the offence, and (iii) prevent the continuation or repetition of the offence or the commission of another offence; and (b) they have no reasonable grounds to believe that, if the person is not so arrested, the person will fail to attend before a court martial in order to be dealt with according to law. Arrest of persons other than officers or non-commissioned members (3) Every person who is not an officer or non-commissioned member but who was subject to the Code of Service Discipline at the time of the alleged commission by that person of a service offence may, without a warrant, be arrested or ordered to be arrested by such person as any commanding officer may designate for that purpose. R.S., 1985, c. N-5, s. 155; R.S., 1985, c. 31 (1st Supp.), s. 60; 2013, c. 24, s. 27 2019, c. 15, s. 63
National Defence Act — N-5 156
Powers of military police 156 (1) Officers and non-commissioned members who are appointed as members of the military police under regulations made for the purposes of this section may (a) detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person’s rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and (b) exercise such other powers for carrying out the Code of Service Discipline as are prescribed in regulations made by the Governor in Council. Arrest without warrant — limitations (2) A member of the military police shall not arrest a person without a warrant for an offence that is not a serious offence if paragraphs 155(2.1)(a) and (b) apply. R.S., 1985, c. N-5, s. 156; R.S., 1985, c. 31 (1st Supp.), ss. 49, 60; 1998, c. 35, s. 41; 2013, c. 24, s. 28
National Defence Act — N-5 157
Issue of warrants 157 (1) Subject to subsection (2), every commanding officer, and every officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing, may by a warrant under his or her hand authorize any person to arrest any person subject to the Code of Service Discipline who (a) has committed a service offence; (b) is believed on reasonable grounds to have committed a service offence; or (c) is charged under this Act with having committed a service offence. Limitation (2) An officer authorized to issue a warrant under this section shall not, unless the officer has certified on the face of the warrant that the exigencies of the service so require, issue a warrant for the arrest of any officer of rank higher than the rank held by the officer so authorized. Limitation (2.1) An officer authorized to issue a warrant under this section shall not issue a warrant for the arrest of any person who is a member of, serving with, or attached or seconded to the same unit of the Canadian Forces as the officer. Contents of warrants (3) In any warrant issued under this section, the offence in respect of which the warrant is issued shall be stated and the names of more persons than one in respect of the same offence, or several offences of the same nature, may be included. Saving provision (4) Nothing in this section shall be deemed to be in derogation of the authority that any person, including an officer or non-commissioned member, may have under other sections of this Act or otherwise under the law of Canada to arrest any other person without a warrant. R.S., 1985, c. N-5, s. 157; R.S., 1985, c. 31 (1st Supp.), ss. 50, 60 2019, c. 15, s. 17
National Defence Act — N-5 158
Release from custody 158 (1) A person arrested under this Act shall, as soon as is practicable, be released from custody by the person making the arrest, unless the person making the arrest believes on reasonable grounds that it is necessary that the person under arrest be retained in custody having regard to all the circumstances, including (a) the gravity of the offence alleged to have been committed; (b) the need to establish the identity of the person under arrest; (c) the need to secure or preserve evidence of or relating to the offence alleged to have been committed; (d) the need to ensure that the person under arrest will appear before a court martial or civil court to be dealt with according to law; (e) the need to prevent the continuation or repetition of the offence alleged to have been committed or the commission of any other offence; and (f) the necessity to ensure the safety and security of the person under arrest, any victim of the offence, or any other person. Retention in custody (2) If an arrested person is to be retained in custody, the person shall be placed in service custody or civil custody. Such force as is reasonably necessary for the purpose may be used. Duty to receive into service custody (3) The officer or non-commissioned member in charge of a guard or a guard-room or a member of the military police shall receive and keep a person under arrest who is committed to their custody. Account in writing (4) The person who commits a person under arrest to service custody shall, at the time of committal, deliver to the officer or non-commissioned member into whose custody the person under arrest is committed a signed account in writing setting out why the person under arrest is being committed to custody. R.S., 1985, c. N-5, s. 158; R.S., 1985, c. 31 (1st Supp.), ss. 51, 60; 1998, c. 35, s. 42; 2013, c. 24, s. 29 2019, c. 15, s. 18
National Defence Act — N-5 158.1
Report of custody 158.1 (1) The officer or non-commissioned member into whose custody a person under arrest is committed shall, as soon as practicable, and in any case within twenty-four hours after the arrest of the person committed to custody, deliver a report of custody, in writing, to the custody review officer. Contents (2) The report of custody must set out the name of the person in custody, an account of the offence alleged to have been committed by that person so far as it is known and the name and rank, if any, of the person who committed the person into service custody. Representations concerning release (3) Before the report of custody is delivered to the custody review officer, (a) a copy of the report and the account in writing must be provided to the person in custody; and (b) the person in custody must be given the opportunity to make representations concerning the person’s release from custody. Representations to be reduced to writing (4) Representations concerning release made by or on behalf of the person in custody must be reduced to writing or recorded by any other means. Accompanying documents (5) When the report of custody is delivered, it must be accompanied by the account in writing and any representations made by or on behalf of the person in custody or a statement confirming that the person was given the opportunity to make representations but did not do so. 1998, c. 35, s. 42
National Defence Act — N-5 158.2
Review of report of custody 158.2 (1) The custody review officer shall review the report of custody and the accompanying documents as soon as practicable after receiving them and in any case within forty-eight hours after the arrest of the person committed to custody. Duty to release (2) After reviewing the report of custody and the accompanying documents, the custody review officer shall direct that the person committed to custody be released immediately unless the officer believes on reasonable grounds that it is necessary that the person be retained in custody, having regard to all the circumstances, including those set out in subsection 158(1). 1998, c. 35, s. 42
National Defence Act — N-5 158.3
Continuing duty to release 158.3 If, at any time after receiving the report of custody and before the person in custody is brought before a military judge, the custody review officer no longer believes that the grounds to retain the person in custody exist, the custody review officer shall direct that the person be released from custody. 1998, c. 35, s. 42
National Defence Act — N-5 158.4
Duty to retain in custody if designated offence 158.4 Notwithstanding subsection 158.2(2) and section 158.3, if the person in custody is charged with having committed a designated offence, the custody review officer shall direct that the person be retained in custody. 1998, c. 35, s. 42
National Defence Act — N-5 158.5
Duty to review where charge not laid 158.5 If a charge is not laid within seventy-two hours after the person in custody was arrested, the custody review officer shall determine why a charge has not been laid and reconsider whether it remains necessary to retain the person in custody. 1998, c. 35, s. 42
National Defence Act — N-5 158.6
Release with or without conditions 158.6 (1) The custody review officer may direct that the person be released without conditions or that the person be released and, as a condition of release, direct the person to comply with any of the following conditions: (a) remain under military authority; (b) report at specified times to a specified military authority; (c) remain within the confines of a specified defence establishment or at a location within a geographical area; (d) abstain from communicating with any witness or specified person, or refrain from going to any specified place; and (e) comply with such other reasonable conditions as are specified. Consideration of victim’s safety and security (1.1) If the custody review officer directs that the person be released, with or without conditions, the custody review officer shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence. Copy to victim (1.2) The custody review officer shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim. Review (2) A direction to release a person with or without conditions may, on application, be reviewed by (a) if the custody review officer is an officer designated by a commanding officer, that commanding officer; or (b) if the custody review officer is a commanding officer, the next superior officer to whom the commanding officer is responsible in matters of discipline. Powers (3) After giving a representative of the Canadian Forces and the released person an opportunity to be heard, the officer conducting the review may make any direction that a custody review officer may make under subsection (1). If he or she makes a direction, subsections (1.1) and (1.2) apply with any necessary modifications. 1998, c. 35, s. 42; 2013, c. 24, s. 30(F) 2019, c. 15, s. 19
National Defence Act — N-5 158.61
Direction — no communication 158.61 If a custody review officer directs that a person be retained in custody, the custody review officer may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction except in accordance with any conditions specified in the direction that the officer considers necessary. 2019, c. 15, s. 20
National Defence Act — N-5 158.7
Review of directions 158.7 (1) A military judge may, on application by counsel for the Canadian Forces or by a person released with conditions and after giving counsel and the released person an opportunity to be heard, review any of the following directions and make any direction that a custody review officer may make under subsection 158.6(1): (a) a direction that was reviewed under subsection 158.6(2); (b) a direction that was made under subsection 158.6(3); and (c) a direction that was made under this section. Conditions (2) A military judge shall not direct that a condition, other than the condition of keeping the peace and being of good behaviour, be imposed unless counsel for the Canadian Forces shows cause why it is necessary that the condition be imposed. Further applications (3) If an application under this section has been heard, another application under this section may not be made with respect to the same person, except with leave of a military judge, before the expiry of 30 days from the day on which a decision was made in respect of the most recent application. 2013, c. 24, s. 31