GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 183.4
Non-disclosure of witness’s identity 183.4 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice. Hearing may be held (2) The military judge may hold a hearing to determine whether the order should be made, and the hearing may be in private. Factors to be considered (3) In determining whether to make the order, the military judge shall consider (a) the right to a fair and public hearing; (b) the nature of the offence; (c) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (d) whether the order is needed to protect the security of anyone known to the witness; (e) whether the order is needed to protect the identity of a peace officer , as defined in section 2 of the Criminal Code, who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section; (f) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence; (g) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; (h) the importance of the witness’s testimony to the case; (i) whether effective alternatives to the making of the order are available in the circumstances; (j) the salutary and deleterious effects of the order; and (k) any other factor that the military judge considers relevant. No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2019, c. 15, s. 28
National Defence Act — N-5 183.6
 of the order on the freedom of expression of those affected by it; and (h) any other factor that the military judge considers relevant. Conditions (9) An order made under this section may be subject to any conditions that the military judge thinks fit. Publication prohibited (10) Unless the military judge refuses to make an order under this section, no person shall publish in any document or broadcast or transmit in any way (a) the contents of the application for the order; (b) any evidence taken, information given or submissions made at a hearing held under subsection (7); or (c) any other information that could identify the person to whom the application relates as a victim, witness or military justice system participant in the proceedings. 2019, c. 15, s. 28 2024, c. 16, s. 57 2024, c. 16, s. 58
National Defence Act — N-5 183.7
Security of witnesses 183.7 (1) In proceedings against an accused person, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on his or her own motion, make any order other than one that may be made under section 180, if the military judge is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of military justice. Factors to be considered (2) In determining whether to make the order, the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the right to a fair and public hearing; (d) the nature of the service offence; (e) whether the witness needs the order to protect them from intimidation or retaliation; (f) whether the order is needed to protect the security of anyone known to the witness; (g) society’s interest in encouraging the reporting of service offences and the participation of victims, witnesses and military justice system participants; (h) the importance of the witness’s testimony to the case; (i) whether effective alternatives to the making of the order are available in the circumstances; (j) the salutary and deleterious effects of the order; and (k) any other factor that the military judge considers relevant. No adverse inference (3) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2019, c. 15, s. 28
National Defence Act — N-5 184
Appointment of commissioner to take evidence 184 (1) The Chief Military Judge, or any military judge designated by the Chief Military Judge, may appoint any officer or other qualified person, in this section referred to as a “commissioner”, to take, under oath, the evidence of any person required as a witness at a court martial (a) who is, by reason of physical disability arising out of illness, not likely to be able to attend at the time the trial is held; (b) who is absent from the country in which the trial is held; or (c) whose attendance is not readily obtainable for a good and sufficient reason. Admissibility of commission evidence (2) The document containing the evidence of a witness, taken under subsection (1) and duly certified by the commissioner is admissible in evidence at a trial by court martial to the same extent and subject to the same objections as if the evidence were given by the witness in person at the trial. Power to require personal attendance of witness (3) If, in the opinion of a court martial, a witness whose evidence has been taken on commission should, in the interests of military justice, appear and give evidence before the court martial, and the witness is not too ill to attend the trial and is not outside the country in which the trial is held, the court martial may require the attendance of that witness. Representation, examination and cross-examination before commissioner (4) At any proceedings before a commissioner, the accused person and the prosecutor are entitled to be represented and the persons representing them have the right to examine and cross-examine any witness. R.S., 1985, c. N-5, s. 184; 1998, c. 35, s. 45; 2013, c. 24, s. 53
National Defence Act — N-5 185
Copy to accused 185 The accused person shall, at least twenty-four hours before it is admitted at the court martial, be furnished without charge with a copy of the document referred to in subsection 184(2). R.S., c. N-4, s. 161
National Defence Act — N-5 186
Objections 186 (1) When a court martial is assembled, the names of the military judge and the members, if any, must be read to the accused person and the prosecutor, who shall then be asked if they object to the constitution of the court martial and, in the event of an objection, the decision as to whether to allow the objection is to be made in accordance with the procedure prescribed in regulations. Replacements (2) The procedure for the replacement of a person in respect of whom an objection has been allowed shall be as prescribed in regulations. R.S., 1985, c. N-5, s. 186; 1998, c. 35, s. 46
National Defence Act — N-5 187
Preliminary proceedings 187 At any time after a charge has been preferred but before the commencement of the trial, any question, matter or objection in respect of the charge may, on application, be heard and determined by a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial. R.S., 1985, c. N-5, s. 187; 1992, c. 16, s. 9; 1998, c. 35, s. 46; 2008, c. 29, s. 13
National Defence Act — N-5 188
Amendment if defence not prejudiced 188 (1) Where it appears to a court martial that there is a technical defect in a charge that does not affect the substance of the charge, the court martial, if of the opinion that the conduct of the accused person’s defence will not be prejudiced by an amendment of the charge, shall make the order for the amendment of the charge that it considers necessary to meet the circumstances of the case. Adjournment on amendment of charge (2) Where a charge is amended by a court martial, the court martial shall, if the accused person so requests, adjourn its proceedings for any period that it considers necessary to enable the accused person to meet the charge so amended. Minute of amendment (3) Where a charge is amended by a court martial, a minute of the amendment shall be endorsed on the charge sheet. R.S., 1985, c. N-5, s. 188; 1998, c. 35, s. 46
National Defence Act — N-5 189
Adjournment 189 A court martial may adjourn its proceedings whenever the court martial considers adjournment desirable. R.S., 1985, c. N-5, s. 189; 1998, c. 35, s. 46
National Defence Act — N-5 189.1
 prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea. Validity of plea (11) Neither the failure of the military judge to inquire of the prosecutor as required under subsection (8) or (9) nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement affects the validity of the plea. (12) [Repealed, 2019, c. 15, s. 64] 2019, c. 15, s. 29 2019, c. 15, s. 64
National Defence Act — N-5 190
Authority for viewing 190 A court martial may view any place, thing or person. R.S., 1985, c. N-5, s. 190; 1991, c. 43, s. 17; 1992, c. 16, s. 10; 1998, c. 35, s. 46
National Defence Act — N-5 191
Questions of law 191 The military judge presiding at a General Court Martial determines all questions of law or mixed law and fact arising before or after the commencement of the trial. R.S., 1985, c. N-5, s. 191; 1998, c. 35, s. 46; 2008, c. 29, s. 14
National Defence Act — N-5 192
Decision of panel 192 (1) The members of the panel determine the court martial’s finding and its decision in respect of any other matter or question arising after the commencement of the trial that is not a question of law or mixed law and fact. Decision (2) A decision of the panel in respect of a finding of guilty or not guilty, of unfitness to stand trial or of not responsible on account of mental disorder is determined by the unanimous vote of its members. A decision in respect of any other matter is determined by a majority vote. R.S., 1985, c. N-5, s. 192; 1992, c. 16, s. 11; 1998, c. 35, s. 46; 2008, c. 29, s. 14
National Defence Act — N-5 192.1
Disagreement of panel 192.1 (1) If the military judge presiding at a General Court Martial is satisfied that the members of the panel are unable to agree on a finding and that further retention of the panel would be useless, the military judge may in his or her discretion discharge the panel. Dissolution of court martial (2) If a panel is discharged under subsection (1), the court martial is dissolved and the accused person may be dealt with as if the trial had never commenced. 2008, c. 29, s. 14
National Defence Act — N-5 193
Sentence 193 The military judge presiding at a General Court Martial determines the sentence. R.S., 1985, c. N-5, s. 193; 1998, c. 35, s. 46; 2008, c. 29, s. 14
National Defence Act — N-5 194
Similar offences may be considered in imposing sentence 194 (1) A court martial may, on the request of a person who is found guilty and who admits to having committed service offences similar in character to an offence of which the person is found guilty, take those service offences into consideration for the purposes of the sentence as if the person had been charged with, tried for and found guilty of those service offences. Restriction (2) If a court martial takes an admitted service offence into consideration for the purposes of the sentence, the sentence may not include any punishment higher in the scale of punishments than the punishment that might be imposed in respect of any offence of which the person is found guilty. R.S., 1985, c. N-5, s. 194; 1998, c. 35, s. 46
National Defence Act — N-5 194.1
Accused absconding during court martial 194.1 (1) An accused person who absconds during the course of their trial by court martial, whether or not the person is charged jointly with another person, is deemed to have waived their right to be present at their trial. Continuing or adjourning court martial (2) A military judge presiding at the court martial of an accused person who absconds may (a) continue the trial and proceed to a judgment or verdict and, if the accused person is found guilty, impose a sentence in their absence; or (b) if a warrant is issued under section 249.23, adjourn the trial to await the appearance of the accused person. Continuing court martial (3) A military judge who adjourns a court martial may at any time continue the court martial if he or she is satisfied that it is no longer in the interests of military justice to await the appearance of the accused person. Adverse inference (4) A court martial may draw an inference adverse to the accused person from the fact that the accused person has absconded. Accused not entitled to reopening (5) An accused person who reappears at their trial is not entitled to have any part of the proceedings that were conducted in their absence reopened unless the court martial is satisfied that because of exceptional circumstances it is in the interests of military justice to reopen the proceedings. Counsel for accused person may continue to act (6) Counsel for an accused person who absconds is not deprived, as result of the absconding, of any authority he or she may have to continue to represent the accused person. 2013, c. 24, s. 54
National Defence Act — N-5 195
Manner and effective date of pronouncement 195 The finding and sentence of a court martial shall, at the conclusion of the trial of the offender so sentenced, be pronounced in open court to the offender, who shall be under the sentence as of the date of the pronouncement thereof. R.S., c. N-4, s. 170
National Defence Act — N-5 196
Death or incapacity to continue of judge 196 (1) Where the military judge presiding at a court martial dies or is for any reason unable to continue, the proceedings of the court martial are deemed to be adjourned. The proceedings may be continued with another military judge, in this section referred to as the “replacement judge”, assigned by the Chief Military Judge. When finding not pronounced (2) If the court martial has not pronounced its finding before the presiding military judge dies or becomes unable to continue, the replacement judge (a) in the case of a General Court Martial, may order that the court martial (i) continue from the stage at which it was when it was deemed to be adjourned, or (ii) commence again, at the stage immediately following the plea of the accused person, as if no evidence had been introduced; and (b) in the case of a Standing Court Martial, shall commence the court martial again at the stage immediately following the plea of the accused person, as if no evidence had been introduced. Adjudications and evidence (3) In the case of a court martial continued under subparagraph (2)(a)(i), (a) if an adjudication was made before the adjournment but no order was made, the replacement judge shall make any order that is authorized by law and required in the circumstances; and (b) if any evidence was adduced before the adjournment, the evidence is deemed to have been adduced before the replacement judge but, if the prosecutor and the accused so agree, any part of that evidence may be adduced again. When finding pronounced (4) If the court martial pronounced its finding before the presiding military judge died or became unable to continue, the replacement judge shall determine the sentence. R.S., 1985, c. N-5, s. 196; 1998, c. 35, s. 47; 2008, c. 29, s. 15
National Defence Act — N-5 196.1
Dissolution 196.1 (1) If, after an accused person has made a plea but before the court martial pronounces its finding, two or more members of the panel die or are for any reason unable to continue to act, the court martial is dissolved. Illness of accused (2) Where, on account of the illness of an accused person, it is impossible to continue the trial of that person, the court martial is dissolved. Unfit to stand trial (3) Where a court martial finds, under subsection 198(2), that an accused person is unfit to stand trial and it completes the proceedings under subsection 200(2), the court martial is dissolved. Effect of dissolution (4) Where a court martial is dissolved pursuant to this section, the accused person may be dealt with as if the trial had never commenced. 1998, c. 35, s. 47; 2008, c. 29, s. 16
National Defence Act — N-5
Commissioner means the Commissioner of the Royal Canadian Mounted Police. ( commissaire )
National Defence Act — N-5
designated offence means a primary designated offence or a secondary designated offence. ( infraction désignée )
National Defence Act — N-5
DNA means deoxyribonucleic acid. ( ADN )
National Defence Act — N-5
DNA profile means the results of forensic DNA analysis. ( profil d’identification génétique )
National Defence Act — N-5 (a)
forensic DNA analysis (a) in relation to a bodily substance that is taken in execution of a warrant under section 196.12, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 196.12(1)(b), and includes any incidental tests associated with that analysis; and (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person in execution of an order made under section 196.14 or under an authorization granted under section 196.24, or to a bodily substance referred to in paragraph 196.12(1)(b), means forensic DNA analysis of the bodily substance. ( analyse génétique )
National Defence Act — N-5 (a)
peace officer means (a) a police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; or (b) an officer or a non-commissioned member of the Canadian Forces who is (i) a member of the military police, or (ii) employed on duties that the Governor in Council has prescribed in the regulations to be of such a kind as to necessitate that the officer or non-commissioned member performing them has the powers of a peace officer. ( agent de la paix )
National Defence Act — N-5
prescribed form means a form prescribed in the regulations made by the Governor in Council. ( formulaire réglementaire )
National Defence Act — N-5 (a)
primary designated offence means (a) an offence within the meaning of paragraphs (a) and (c.02) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; (a.1) an offence within the meaning of any of paragraphs (a.1) to (c.01), (c.03) and (c.1) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; and (b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.03) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130. ( infraction primaire )
National Defence Act — N-5 (a)
secondary designated offence means (a) an offence within the meaning of any of paragraphs (a) to (d.2) of the definition secondary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; (b) an offence under any of the following provisions of this Act: (i) paragraph 77(a) (violence to person bringing materiel to forces), (ii) section 79 (mutiny with violence), (iii) section 84 (striking a superior officer), (iv) paragraph 87(b) (violence while in custody), (v) section 95 (striking a subordinate), (vi) paragraph 107(a) (endangering a person on an aircraft), or (vii) section 127 (handling of dangerous substances); and (c) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit any offence referred to in paragraph (a) or (b). ( infraction secondaire )
National Defence Act — N-5 196.12
Information for warrant to take bodily substances for forensic DNA analysis 196.12 (1) A military judge, on ex parte application in the prescribed form, may issue a warrant in the prescribed form authorizing the taking for the purpose of forensic DNA analysis, from a person subject to the Code of Service Discipline, of any number of samples of bodily substances that is reasonably required for that purpose, if the military judge is satisfied by information on oath that it is in the best interests of the administration of military justice to do so and that there are reasonable grounds to believe (a) that a designated offence has been committed; (b) that a bodily substance has been found or obtained (i) at the place where the offence was committed, (ii) on or within the body of the victim of the offence, (iii) on anything worn or carried by the victim at the time the offence was committed, or (iv) on or within the body of any person or thing or at any place associated with the commission of the offence; (c) that the person subject to the Code of Service Discipline was a party to the offence; and (d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person. Criteria (2) In considering whether to issue the warrant, the military judge shall have regard to all relevant matters, including (a) the nature of the offence and the circumstances surrounding its commission; and (b) whether there is (i) a peace officer who is able, by virtue of training or experience, to obtain a bodily substance from the person, or (ii) another person who is able, by virtue of training or experience, to obtain under the direction of a peace officer a bodily substance from the person. 2000, c. 10, s. 1; 2013, c. 24, s. 56