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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

Marginal note:1998, c. 35, s. 47

15. Paragraphs 196(2)(a) and (b) of the Act are replaced by the following:

  • (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.

Marginal note:1998, c. 35, s. 47

16. Subsection 196.1(1) of the Act is replaced by the following:

Marginal note: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.

Marginal note:2007, c. 22, s. 5

17. Paragraph 196.16(2)(a) of the Act is replaced by the following:

  • (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;

Marginal note:1998, c. 35, s. 50; 2005, c. 22, par. 61(b)(F)

18. The portion of subsection 202.12(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Prima facie case

  • 202.12 (1) If a finding of unfit to stand trial is made by a court martial in respect of an accused person, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to hold an inquiry and determine whether sufficient admissible evidence can be adduced at that time to put the accused person on trial

Marginal note:2005, c. 22, s. 49

19. Subsection 202.121(3) of the Act is replaced by the following:

  • Marginal note:Obligation of court martial

    (3) As soon as practicable after receiving the notice referred to in subsection (2), the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial for the purpose of determining whether an inquiry should be held to determine whether a stay of proceedings should be ordered and to hold, as soon as practicable, the inquiry if the court martial determines that it is appropriate.

20. Subsection 227.03(7) of the Act, as enacted by section 4 of chapter 5 of the Statutes of Canada, 2007, is replaced by the following:

  • Marginal note: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.

21. Subsection 227.1(3) of the Act, as enacted by section 4 of chapter 5 of the Statutes of Canada, 2007, is replaced by the following:

  • Marginal note: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.

22. Subsection 227.12(7) of the Act, as enacted by section 4 of chapter 5 of the Statutes of Canada, 2007, is replaced by the following:

  • Marginal note: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.

Marginal note:1991, c. 43, s. 23(1)

23. Paragraph 238(1)(b) of the Act is replaced by the following:

  • (b) direct a new trial by court martial on the charge.

Marginal note:1991, c. 43, s. 25

  • 24. (1) Paragraph 239.1(1)(a) of the Act is replaced by the following:

    • (a) direct a new trial by court martial on that charge; or

  • Marginal note:1991, c. 43, s. 25

    (2) The portion of paragraph 239.1(1)(b) of the Act before subparagraph (i) is replaced by the following:

    • (b) except if the finding is that of a General Court Martial, enter a finding of guilty with respect to the offence for which, in its opinion, the accused person should have been found guilty but for the illegality and

Marginal note:1991, c. 43, s. 25

25. Section 239.2 of the Act is replaced by the following:

Marginal note:Appeal against decision

239.2 On the hearing of an appeal respecting the legality of a decision referred to in paragraph 230.1(d), the Court Martial Appeal Court may, if it allows the appeal, set aside the decision and direct a new trial by court martial on the charge.

Marginal note:1991, c. 43, s. 26

26. Subsection 240.2(1) of the Act is replaced by the following:

Marginal note:Appeal against finding of unfit or not responsible

  • 240.2 (1) On the hearing of an appeal against a finding of unfit to stand trial or not responsible on account of mental disorder, the Court Martial Appeal Court shall, subject to subsection (2), direct a new trial by court martial if it allows the appeal.

Marginal note:1991, c. 43, s. 26

27. Paragraph 240.3(b) of the Act is replaced by the following:

  • (b) except in the case of a disposition made by a General Court Martial, remit the matter to the court martial for a rehearing, in whole or in part, in accordance with any directions that the Court considers appropriate; or

REVIEW AND REPORT

Marginal note:Review

  • 28. (1) Within two years after the day on which this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by the committee of either the Senate or the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (2) Within one year after the review is undertaken, or within any longer period that the Senate or the House of Commons or both Houses of Parliament may authorize, the committee shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

TRANSITIONAL PROVISION

Marginal note:Reference to General Court Martial

29. For the purposes of paragraphs 239.1(1)(b) and 240.3(b) of the National Defence Act, any reference to a General Court Martial is also a reference to a Disciplinary Court Martial.

CONSEQUENTIAL AMENDMENT

R.S., c. G-3Geneva Conventions Act

30. The definition “court” in section 4 of the Geneva Conventions Act is replaced by the following:

“court”

« tribunal »

“court” includes a General Court Martial and a Standing Court Martial convened under the National Defence Act;

COORDINATING AMENDMENTS

Marginal note:Bill C-45

  • 31. (1) If Bill C-45, introduced in the 2nd session of the 39th Parliament and entitled An Act to amend the National Defence Act and to make consequential amendments to other Acts (the “other Act”), receives royal assent, then subsections (2) to (12) apply.

  • (2) If section 10 of this Act comes into force before section 45 of the other Act, that section 45 is repealed.

  • (3) If section 10 of this Act comes into force on the same day as section 45 of the other Act, then that section 45 is deemed to have come into force before that section 10.

  • (4) If section 13 of this Act comes into force before section 50 of the other Act, that section 50 is repealed.

  • (5) If section 13 of this Act comes into force on the same day as section 50 of the other Act, then that section 50 is deemed to have come into force before that section 13.

  • (6) If section 14 of this Act comes into force before section 51 of the other Act, that section 51 is repealed.

  • (7) If section 14 of this Act comes into force on the same day as section 51 of the other Act, then that section 51 is deemed to have come into force before that section 14.

  • (8) If section 14 of this Act comes into force before section 52 of the other Act, that section 52 is repealed.

  • (9) If section 14 of this Act comes into force on the same day as section 52 of the other Act, then that section 52 is deemed to have come into force before that section 14.

  • (10) If section 14 of this Act comes into force before section 53 of the other Act, that section 53 is repealed.

  • (11) If section 14 of this Act comes into force on the same day as section 53 of the other Act, then that section 53 is deemed to have come into force before that section 14.

  • (12) On the first day on which both section 62 of the other Act and section 1 of this Act are in force, the portion of subsection 203.5(2) of the National Defence Act before paragraph (a) is replaced by the following:

    • Marginal note:Panel

      (2) In the case of a General Court Martial, the court martial

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