National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Sittings and hearings
  •  (1) The Court Martial Appeal Court may sit and hear appeals at any place or places, and the Chief Justice of the Court shall arrange for sittings and hearings as may be required.

  • Marginal note:Hearing of appeals and other matters

    (2) Every appeal shall be heard by three judges of the Court Martial Appeal Court sitting together, the decision of the majority of whom shall be the decision of the Court, and any other matter before the Court shall be disposed of by the Chief Justice or by such other judge or judges of the Court as the Chief Justice may designate for that purpose.

  • Marginal note:Notification of dissent

    (3) Where an appeal has been wholly or partially dismissed by the Court Martial Appeal Court and there has been dissent in the Court, the appellant shall forthwith be informed of that dissent.

  • R.S., 1985, c. N-5, s. 235;
  • R.S., 1985, c. 41 (1st Supp.), s. 13.
Marginal note:Superior court of record
  •  (1) The Court Martial Appeal Court is a superior court of record.

  • Marginal note:Evidence

    (2) The Court Martial Appeal Court may hear evidence including new evidence, as it may deem expedient and the Court may sit in camera or in public.

  • Marginal note:Staff

    (3) The officers, clerks and employees appointed to the Courts Administration Service shall perform the duties of their respective offices in relation to the Court Martial Appeal Court.

  • Marginal note:Authorization to execute Chief Justice’s functions

    (4) The Chief Justice of the Court Martial Appeal Court may authorize any other judges of the Court to exercise or perform any of the powers or functions of the Chief Justice under this section and sections 234 and 235.

  • R.S., 1985, c. N-5, s. 236;
  • 2002, c. 8, s. 154.
Marginal note:Expenses

 A judge of the Court Martial Appeal Court is entitled to be paid travel allowances under the Judges Act as for attendances as judge of the Federal Court or the superior court to which the judge so entitled belongs.

  • R.S., c. N-4, s. 201;
  • R.S., c. 10(2nd Supp.), s. 64;
  • 1984, c. 40, s. 47(F).

Disposition of Appeals by Court Martial Appeal Court of Canada

Marginal note:Powers on appeal against finding of guilty
  •  (1) On the hearing of an appeal respecting the legality of a finding of guilty on any charge, the Court Martial Appeal Court, if it allows the appeal, may set aside the finding and

    • (a) enter a finding of not guilty in respect of the charge; or

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

  • Marginal note:Effect of setting aside finding of guilty

    (2) Where the Court Martial Appeal Court has set aside a finding of guilty and no other finding of guilty remains, the whole of the sentence ceases to have force and effect.

  • Marginal note:Sentence where findings partly set aside

    (3) Where the Court Martial Appeal Court has set aside a finding of guilty but another finding of guilty remains, the Court may, except where it allows an appeal under section 240.1,

    • (a) affirm the sentence imposed by the court martial if the court martial could legally have imposed that sentence on the finding of guilty that remains; or

    • (b) substitute for the sentence imposed by the court martial a sentence that is warranted in law.

  • R.S., 1985, c. N-5, s. 238;
  • 1991, c. 43, s. 23;
  • 1998, c. 35, s. 68;
  • 2008, c. 29, s. 23.