Strengthening Military Justice in the Defence of Canada Act (S.C. 2013, c. 24)
Full Document:
Assented to 2013-06-19
Marginal note:1998, c. 35, s. 7
10. The heading before section 29.16 of the Act is replaced by the following:
Military Grievances External Review Committee
Marginal note:1998, c. 35, s. 7
11. (1) Subsection 29.16(1) of the Act is replaced by the following:
Marginal note:Grievances Committee
29.16 (1) The Canadian Forces Grievance Board is continued as the Military Grievances External Review Committee, consisting of a Chairperson, at least two Vice-Chairpersons and any other members appointed by the Governor in Council that are required to allow it to perform its functions.
Marginal note:1998, c. 35, s. 7
(2) Subsection 29.16(10) of the English version of the Act is replaced by the following:
Marginal note:Secondment
(10) An officer or a non-commissioned member who is appointed as a member of the Grievances Committee shall be seconded to the Grievances Committee in accordance with section 27.
Marginal note:1998, c. 35, s. 7
(3) Subsection 29.16(11) of the Act is replaced by the following:
Marginal note:Oath of office
(11) Every member shall, before commencing the duties of office, take the following oath of office:
I, ...................., do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Grievances External Review Committee in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Grievances External Review Committee, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)
Marginal note:R.S., c. 31(1st Supp.), s. 60 (Sch. I, s. 13)
12. Subsection 30(4) of the Act is replaced by the following:
Marginal note:Reinstatement
(4) Subject to regulations made by the Governor in Council, the Chief of the Defence Staff may cancel the release or transfer of an officer or non-commissioned member if the officer or non-commissioned member consents and the Chief of the Defence Staff is satisfied that the release or transfer was improper.
Marginal note:Deeming provision
(5) An officer or non-commissioned member whose release or transfer is cancelled is, except as provided in regulations made by the Governor in Council, deemed for the purpose of this Act or any other Act not to have been released or transferred.
Marginal note:1998, c. 35, s. 10
13. Subsection 35(1) of the Act is replaced by the following:
Marginal note:Rates and conditions of pay
35. (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than those mentioned in paragraph 12(3)(a), shall be established by the Treasury Board.
Marginal note:1998, c. 35, s. 20
14. Paragraph 66(1)(b) of the Act is replaced by the following:
(b) has been found guilty by a service tribunal, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions.
15. The Act is amended by adding the following after section 72:
Civil Defences
Marginal note:Rules and principles of civil courts applicable
72.1 All rules and principles that are followed from time to time in the civil courts and that would render any circumstance a justification or excuse for any act or omission or a defence to any charge are applicable in any proceedings under the Code of Service Discipline.
Ignorance of the Law
Marginal note:Ignorance not to constitute excuse
72.2 The fact that a person is ignorant of the provisions of this Act, or of any regulations or of any order or instruction duly notified under this Act, is no excuse for any offence committed by the person.
Marginal note:1998, c. 35, s. 29
16. Section 101.1 of the Act is replaced by the following:
Marginal note:Failure to comply with conditions
101.1 Every person who, without lawful excuse, fails to comply with a condition imposed under this Division or Division 3 or 8, or a condition of an undertaking given under Division 3 or 10, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Marginal note:1998, c. 35, s. 32
17. Subsection 118(1) of the Act is replaced by the following:
Definition of “tribunal”
118. (1) For the purposes of this section and section 119, “tribunal” includes, in addition to a service tribunal, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.
Marginal note:1992, c. 16, s. 1
18. Section 137 of the English version of the Act is replaced by the following:
Marginal note:Offence charged, attempt proved
137. (1) If the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused person may be found guilty of the attempt.
Marginal note:Attempt charged, full offence proved
(2) If, in the case of a summary trial, an attempt to commit an offence is charged but the evidence establishes the commission of the complete offence, the accused person is not entitled to be acquitted, but may be found guilty of the attempt unless the officer presiding at the trial does not make a finding on the charge and directs that the accused person be charged with the complete offence.
Marginal note:Conviction a bar
(3) An accused person who is found guilty under subsection (2) of an attempt to commit an offence is not liable to be tried again for the offence that they were charged with attempting to commit.
Marginal note:1998, c. 35, s. 36; 2001, c. 32, s. 68(F), c. 41, s. 98
19. Sections 140.3 and 140.4 of the Act are repealed.
Marginal note:1998, c. 35, s. 38
20. Subsection 142(2) of the Act is replaced by the following:
Marginal note:Reduction in rank during detention
(2) A non-commissioned member above the rank of private who is sentenced to detention is deemed to be reduced to the rank of private until the sentence of detention is completed.
21. The Act is amended by adding the following after section 145:
Marginal note:Civil enforcement of fines
145.1 (1) If an offender is in default of payment of a fine, the Minister may, in addition to any other method provided by law for recovering the fine, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in any court in Canada that has jurisdiction to enter a judgment for that amount.
Marginal note:Effect of filing order
(2) A judgment that is entered under this section is enforceable in the same manner as if it were a judgment obtained by the Minister in civil proceedings.
Marginal note:1995, c. 39, s. 176; 1996, c. 19, s. 83.1
22. (1) Subsection 147.1(1) of the Act is replaced by the following:
Marginal note:Prohibition order
147.1 (1) If a court martial considers it desirable, in the interests of the safety of an offender or of any other person, it shall — in addition to any other punishment that may be imposed for the offence — make an order prohibiting the offender from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, on convicting or discharging absolutely the offender of
(a) an offence in the commission of which violence against a person was used, threatened or attempted;
(b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance;
(c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act; or
(d) an offence that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code.
Marginal note:1995, c. 39, s. 176
(2) Subsection 147.1(3) of the Act is replaced by the following:
Marginal note:Application of order
(3) Unless it specifies otherwise, an order made under subsection (1) does not prohibit an officer or a non-commissioned member from possessing any thing necessary for the performance of their duties.
Marginal note:1995, c. 39, s. 176
23. (1) The portion of section 147.2 of the Act before paragraph (a) is replaced by the following:
Marginal note:Requirement to surrender
147.2 A court martial that makes an order under subsection 147.1(1) may, in the order, require the offender against whom the order is made to surrender to a member of the military police or to the offender’s commanding officer
Marginal note:1995, c. 39, s. 176
(2) Paragraphs 147.2(a) and (b) of the English version of the Act are replaced by the following:
(a) any thing the possession of which is prohibited by the order that is in the possession of the offender on the commencement of the order; and
(b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the offender on the commencement of the order.
Marginal note:1995, c. 39, s. 176
(3) The portion of section 147.2 of the English version of the Act after paragraph (b) is replaced by the following:
The court martial shall specify in the order a reasonable period for surrendering the thing or document, and during that period section 117.01 of the Criminal Code does not apply to the offender.
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