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

Act current to 2016-09-18 and last amended on 2015-06-01. Previous Versions

Marginal note:Duties and functions

 The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act.

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

 The Chief Military Judge may authorize any military judge, other than a reserve force military judge, to exercise and perform any of the powers, duties and functions of the Chief Military Judge.

  • 1998, c. 35, s. 42;
  • 2013, c. 24, s. 44.
Marginal note:Delegation

 The Chief Military Judge may delegate any of the Chief Military Judge’s duties and functions to a military judge.

  • 1998, c. 35, s. 42.
Marginal note:Deputy Chief Military Judge

 The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Deputy Chief Military Judge.

  • 2013, c. 24, s. 45.
Marginal note:Power, duties and functions

 In the event that the Chief Military Judge is absent or unable to act or the office of Chief Military Judge is vacant, the Deputy Chief Military Judge shall exercise and perform the powers, duties and functions of the Chief Military Judge that are not otherwise authorized to be exercised or performed by a military judge under section 165.26.

  • 2013, c. 24, s. 45.
Marginal note:Rules of practice and procedure

 The Chief Military Judge may, with the Governor in Council’s approval and after consulting with a rules committee established under regulations made by the Governor in Council, make rules governing the following:

  • (a) pre-trial conferences and other preliminary proceedings;

  • (b) the making of applications under section 158.7;

  • (c) the bringing of persons before a military judge under section 159;

  • (d) the scheduling of trials by court martial;

  • (e) the minutes of proceedings of courts martial and other proceedings;

  • (f) documents, exhibits or other things connected with any proceeding, including public access to them; and

  • (g) any other aspects of practice and procedure that are prescribed in regulations made by the Governor in Council.

  • 2013, c. 24, s. 45.

Military Judges Inquiry Committee

Marginal note:Composition of Committee
  •  (1) There is established a Military Judges Inquiry Committee to which the Chief Justice of the Court Martial Appeal Court shall appoint three judges of the Court Martial Appeal Court.

  • Marginal note:Chairperson

    (2) The Chief Justice shall appoint one of the judges to act as Chairperson.

  • Marginal note:Powers of inquiry committee

    (3) The inquiry committee has the same powers, rights and privileges — including the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to

    • (a) the attendance, swearing and examination of witnesses;

    • (b) the production and inspection of documents;

    • (c) the enforcement of its orders; and

    • (d) all other matters necessary or proper for the due exercise of its jurisdiction.

  • 2013, c. 24, s. 45.
Marginal note:Inquiry required
  •  (1) The Military Judges Inquiry Committee shall, on receipt of a request in writing made by the Minister, commence an inquiry as to whether a military judge should be removed from office.

  • Marginal note:Other inquiry

    (2) The inquiry committee may, on receipt of any complaint or allegation in writing made in respect of a military judge, commence an inquiry as to whether the military judge should be removed from office.

  • Marginal note:Examination and recommendation

    (3) The Chairperson of the inquiry committee may designate a judge appointed to the committee to examine a complaint or allegation referred to in subsection (2) and to recommend whether an inquiry should be commenced.

  • Marginal note:Notice to military judge

    (4) The military judge in respect of whom an inquiry is held shall be given reasonable notice of the inquiry’s subject matter and of its time and place and shall be given an opportunity, in person or by counsel, to be heard at the inquiry, to cross-examine witnesses and to adduce evidence on his or her own behalf.

  • Marginal note:Inquiry held in public or private

    (5) The inquiry committee may hold an inquiry either in public or in private unless the Minister, having regard to the interests of the persons participating in the inquiry and the interests of the public, directs that the inquiry be held in public.

  • Marginal note:Counsel

    (6) The Chairperson of the inquiry committee may engage on a temporary basis the services of counsel to assist the committee and may, subject to any applicable Treasury Board directives, establish the terms and conditions of the counsel’s engagement and fix their remuneration and expenses.

  • Marginal note:Recommendation to the Governor in Council

    (7) The inquiry committee may recommend to the Governor in Council that the military judge be removed if, in its opinion,

    • (a) the military judge has become incapacitated or disabled from the due execution of his or her judicial duties by reason of

      • (i) infirmity,

      • (ii) having been guilty of misconduct,

      • (iii) having failed in the due execution of his or her judicial duties, or

      • (iv) having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of his or her judicial duties; or

    • (b) the military judge does not satisfy the physical and medical fitness standards applicable to officers.

  • Marginal note:Report

    (8) The inquiry committee shall provide to the Minister a record of each inquiry and a report of its conclusions. If the inquiry was held in public, the inquiry committee shall make its report available to the public.

  • 2013, c. 24, s. 45.

Military Judges Compensation Committee

Marginal note:Composition of Committee
  •  (1) There is established a Military Judges Compensation Committee consisting of three part-time members to be appointed by the Governor in Council as follows:

    • (a) one person nominated by the military judges;

    • (b) one person nominated by the Minister; and

    • (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b).

  • Marginal note:Tenure and removal

    (2) Each member holds office during good behaviour for a term of four years, and may be removed for cause at any time by the Governor in Council.

  • Marginal note:Reappointment

    (3) A member is eligible to be reappointed for one further term.

  • Marginal note:Absence or incapacity

    (4) In the event of the absence or incapacity of a member, the Governor in Council may appoint, as a substitute temporary member, a person nominated in accordance with subsection (1).

  • Marginal note:Vacancy

    (5) If the office of a member becomes vacant during the member’s term, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office for the remainder of the term.

  • Marginal note:Quorum

    (6) All three members of the compensation committee together constitute a quorum.

  • Marginal note:Remuneration

    (7) The members of the compensation committee shall be paid the remuneration fixed by the Governor in Council and, subject to any applicable Treasury Board directives, the reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

  • 2013, c. 24, s. 45.
 
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