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

Act current to 2017-09-27 and last amended on 2015-06-01. Previous Versions

Protected Statements

Definition of protected statement

  •  (1) In this section, protected statement means a statement made by the accused person, during the course and for the purposes of an assessment ordered under this Division or treatment directed by a disposition made under section 202, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction.

  • Marginal note:Protected statements not admissible against accused

    (2) No protected statement or reference to a protected statement made by an accused person is admissible in evidence, without the consent of the accused person, in any proceeding before a court, court martial, tribunal, body or person with jurisdiction to compel the production of evidence.

  • Marginal note:Exceptions

    (3) Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of

    • (a) determining whether the accused person is unfit to stand trial;

    • (b) making a disposition or placement decision respecting the accused person;

    • (c) [Repealed, 2005, c. 22, s. 57]

    • (d) determining whether the balance of the mind of the accused person was disturbed at the time of commission of the alleged offence, where the accused person is a female charged with an offence arising out of the death of her newly-born child;

    • (e) determining whether the accused person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from responsibility by virtue of subsection 202.13(1), if the accused person puts his or her mental capacity to form the requisite intent into issue or if the prosecutor raises the issue after a finding is made of not responsible on account of mental disorder;

    • (f) challenging the credibility of an accused person in any proceeding where the testimony of the accused person is inconsistent in a material particular with a protected statement that the accused person made previously; or

    • (g) establishing the perjury of an accused person who is charged with perjury in respect of a statement made in any proceeding.

  • 1991, c. 43, s. 18;
  • 1998, c. 35, s. 92;
  • 2005, c. 22, s. 57.

Provisions of Criminal Code Applicable

Marginal note:Powers of Review Board
  •  (1) Review Boards and their chairpersons may exercise the powers and shall perform the duties assigned to them under the Criminal Code, with any modifications that the circumstances require and unless the context otherwise requires, in relation to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and in relation to dispositions made under section 201 or 202.16, except for the powers and duties referred to in sections 672.851 and 672.86 to 672.89 of the Criminal Code.

  • Marginal note:Application of paragraph 672.121(a) of Criminal Code

    (2) For the purpose of subsection (1), the reference to subsection 672.851(1) of the Criminal Code in paragraph 672.121(a) of that Act shall be read as a reference to subsection 202.121(1) of this Act.

  • 1991, c. 43, s. 18;
  • 2005, c. 22, s. 58.
Marginal note:Application of ss. 672.67 to 672.71 of Criminal Code to findings

 Sections 672.67 to 672.71 of the Criminal Code apply, with any modifications that the circumstances require, to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province.

  • 1991, c. 43, s. 18;
  • 1998, c. 35, s. 54;
  • 2005, c. 22, s. 58.

DIVISION 8Provisions Applicable to Imprisonment and Detention

 [Repealed, 1998, c. 35, s. 55]

Computation of Term

Marginal note:Commencement of term
  •  (1) Subject to subsection (3) and sections 215 to 218, the term of a punishment of imprisonment or detention shall commence on the date on which the service tribunal pronounces sentence on the offender.

  • Marginal note:Time counted

    (2) The only time that shall be reckoned toward the completion of a term of a punishment of imprisonment or detention shall be the time that the offender spends in civil custody or service custody while under the sentence in which that punishment is included.

  • Marginal note:Special case

    (3) Where a punishment referred to in subsection (2) cannot lawfully be carried out by reason of a vessel being at sea or in a port at which there is no suitable place of incarceration, the offender shall as soon as practicable, having regard to the exigencies of the service, be sent to a place where the punishment can lawfully be carried out, and the period of time prior to the date of arrival of the offender at that place shall not be reckoned toward the completion of the term of the punishment.

  • R.S., 1985, c. N-5, s. 204;
  • 1998, c. 35, s. 57.

Service Prisons and Detention Barracks

Marginal note:Service prisons and detention barracks
  •  (1) Such places as are designated by the Minister for the purpose shall be service prisons and detention barracks and any hospital or other place for the reception of sick persons to which a person who is a service convict, service prisoner or service detainee has been admitted shall, in so far as relates to that person, be deemed to be part of the place to which that person has been committed.

  • Marginal note:Corrective disciplinary measures for service prisons and detention barracks

    (2) The nature of and the manner of imposing corrective measures for breach of the regulations, orders and rules applicable in respect of service prisons and detention barracks by a person committed thereto as the result of a sentence passed on that person, and the terms and conditions of remission for good conduct of any part of a punishment involving incarceration, shall be as prescribed in regulations made by the Governor in Council.

  • Marginal note:Limitations

    (3) Corrective measures referred to in subsection (2) shall not include whipping, paddling or any of the punishments referred to in paragraphs 139(1)(a) to (l) and shall not be so imposed as to increase the duration of any punishment involving a term of incarceration.

  • R.S., c. N-4, s. 177.

 [Repealed, 1998, c. 35, s. 59]

Suspension of Imprisonment or Detention

Marginal note:Service tribunal may suspend

 Where an offender has been sentenced to imprisonment or detention, the carrying into effect of the punishment may be suspended by the service tribunal that imposed the punishment.

  • R.S., 1985, c. N-5, s. 215;
  • 1998, c. 35, s. 60.

Definition of suspending authority

  •  (1) In this section and sections 217 and 218, suspending authority means any authority prescribed to be a suspending authority by the Governor in Council in regulations.

  • Marginal note:Suspension of imprisonment or detention

    (2) A suspending authority may suspend a punishment of imprisonment or detention, whether or not the offender has already been committed to undergo that punishment.

  • Marginal note:Committing authority may postpone committal

    (3) Where an offender has been sentenced to imprisonment or detention and suspension of the punishment has been recommended, the authority empowered to commit the offender to a penitentiary, civil prison, service prison or detention barrack, as the case may be, may postpone committal until directions of a suspending authority have been obtained.

  • Marginal note:Mandatory suspension of detention

    (4) A suspending authority shall suspend a punishment of detention in the circumstances prescribed by the Governor in Council in regulations.

  • R.S., 1985, c. N-5, s. 216;
  • 1998, c. 35, s. 60.
Marginal note:Effect of suspension before committal
  •  (1) Where a punishment is suspended before committal to undergo the punishment, the offender shall, if in custody, be discharged from custody and the term of the punishment shall not commence until the offender has been ordered to be committed to undergo that punishment.

  • Marginal note:Effect of suspension after committal

    (2) Where a punishment is suspended after committal to undergo the punishment, the offender shall be discharged from the place in which the offender is incarcerated and the currency of the punishment shall be arrested after the day of that discharge until the offender is again ordered to be committed to undergo that punishment.

  • 1998, c. 35, s. 60.
Marginal note:Review and remission
  •  (1) Where a punishment has been suspended, it may at any time, and shall at intervals of not more than three months, be reviewed by a suspending authority and if on the review it appears to the suspending authority that the conduct of the offender, since the punishment was suspended, has been such as to justify a remission of the punishment, the suspending authority shall remit it.

  • Marginal note:Automatic remission of punishments

    (2) A punishment, except a punishment referred to in subsection (3), that has been suspended shall be deemed to be wholly remitted on the expiration of a period, commencing on the day the suspension was ordered, equal to the term of the punishment less any time during which the offender has been incarcerated following pronouncement of the sentence, unless the punishment has been put into execution prior to the expiration of that period.

  • Marginal note:Automatic remission of detention

    (3) A punishment of detention that has been suspended is deemed to be wholly remitted on the expiration of one year commencing on the day the suspension was ordered, unless the punishment has been put into execution prior to the expiration of that period.

  • R.S., 1985, c. N-5, s. 217;
  • 1998, c. 35, s. 61.
 
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