An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act (S.C. 2008, c. 29)

Assented to 2008-06-18

An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act

S.C. 2008, c. 29

Assented to 2008-06-18

An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act

SUMMARY

This enactment amends certain provisions of the National Defence Act that govern the military justice system. The amendments, among other things, reduce the number of types of courts martial from four to two and permit an accused person, in certain circumstances, to choose the type of court martial that will be convened. The enactment also provides that certain decisions of the panel of a General Court Martial must be unanimous and clarifies the provision that deals with the period of liability with respect to summary trials under the Code of Service Discipline. It also makes a consequential amendment to the Geneva Conventions Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. N-5NATIONAL DEFENCE ACT

Marginal note:1993, c. 34, s. 91(F)

 The definition “court martial” in subsection 2(1) of the National Defence Act is replaced by the following:

“court martial”

« cour martiale »

“court martial” includes a General Court Martial and a Standing Court Martial;

Marginal note:1998, c. 35, s. 21

 Section 69 of the Act is replaced by the following:

Marginal note:When person is liable
  • 69. (1) A person who is subject to the Code of Service Discipline at the time of the alleged commission of a service offence may be charged, dealt with and tried at any time under the Code.

  • Marginal note:Sections 130 and 132

    (2) Despite subsection (1), if the service offence is punishable under section 130 or 132 and the act or omission that constitutes the service offence would have been subject to a limitation period had it been dealt with other than under the Code, then that limitation period applies.

Marginal note:1998, c. 35, s. 42

 Section 162 of the Act is replaced by the following:

Marginal note:Duty to act expeditiously

162. Charges laid under the Code of Service Discipline shall be dealt with as expeditiously as the circumstances permit.

 Section 163 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Limitation period

    (1.1) A commanding officer may not try an accused person by summary trial unless the summary trial commences within one year after the day on which the service offence is alleged to have been committed.

 Section 164 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Limitation period

    (1.1) A superior commander may not try an accused person by summary trial unless the summary trial commences within one year after the day on which the service offence is alleged to have been committed.

Marginal note:1998, c. 35, s. 42

 Section 165.14 of the Act is repealed.

Marginal note:1998, c. 35, s. 42

 Subsection 165.19(1) of the Act is replaced by the following:

Marginal note:Duties
  • 165.19 (1) The Court Martial Administrator performs the duties specified in sections 165.191 to 165.193 and, if he or she convenes a General Court Martial, shall appoint its members.