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

Act current to 2017-10-13 and last amended on 2015-06-01. Previous Versions

Marginal note:Power of court martial to delay parole
  •  (1) Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction for an offence set out in Schedule I or II to that Act that is punishable under section 130 of this Act, a court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less.

  • Marginal note:Condition

    (2) The court martial may only make the order if it is satisfied, having regard to the circumstances of the commission of the offence and the person’s character and circumstances, that the expression of society’s denunciation of the offence or the objective of specific or general deterrence requires that the order be made.

  • Marginal note:Criminal organization offences

    (3) Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction under this Act for a criminal organization offence, the court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less.

  • Marginal note:Power of court martial to delay parole

    (4) Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction under this Act for a terrorism offence, the court martial shall order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less, unless the court martial is satisfied, having regard to the circumstances of the commission of the offence and the person’s character and circumstances, that the expression of society’s denunciation of the offence and the objectives of specific or general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

  • Marginal note:Objectives

    (5) The paramount objectives that are to guide the court martial under this section are denunciation and specific or general deterrence, with the rehabilitation of the person, in all cases, being subordinate to those paramount objectives.

  • 2013, c. 24, s. 68.

DIVISION 8.1Sex Offender Information

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

crime of a sexual nature

crime de nature sexuelle

crime of a sexual nature means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crime de nature sexuelle)

database

banque de données

database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)

designated offence

infraction désignée

designated offence means

  • (a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

  • (b) an offence within the meaning of paragraph (b) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

  • (c) an attempt or conspiracy to commit an offence referred to in paragraph (a); or

  • (d) an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée)

finding of not responsible on account of mental disorder

verdict de non-responsabilité pour cause de troubles mentaux

finding of not responsible on account of mental disorder includes a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code. (verdict de non-responsabilité pour cause de troubles mentaux)

officer, or non-commissioned member, of the primary reserve

officier ou militaire du rang de la première réserve

officer, or non-commissioned member, of the primary reserve means an officer, or non-commissioned member, of the reserve force

  • (a) who is required, whether on active service or not, to perform military or any other form of duty or training;

  • (b) whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and

  • (c) who is required to undergo annual training. (officier ou militaire du rang de la première réserve)

pardon

pardon

pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon)

prescribed form

formulaire réglementaire

prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire)

record suspension

suspension du casier

record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

registration centre

bureau d’inscription

registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription)

Review Board

commission d’examen

Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code. (commission d’examen)

  • R.S., 1985, c. N-5, s. 227;
  • 1998, c. 35, s. 65;
  • 2007, c. 5, s. 4;
  • 2012, c. 1, s. 153;
  • 2014, c. 25, s. 37.

Order to Comply with the Sex Offender Information Registration Act

Marginal note:Order
  •  (1) When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02.

  • Marginal note:Order — if intent established

    (2) When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition designated offence in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a) or (c) of that definition.

  • Marginal note:Order — if previous offence established

    (3) When a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code;

    • (b) the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and

    • (c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence.

  • Marginal note:Failure to make order

    (3.1) If the court martial does not consider the matter under subsection (1) or (3) at that time,

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

    • (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and

    • (c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose.

  • Marginal note:Interpretation

    (4) For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence

    • (a) for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or

    • (b) that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

  • (5) and (6) [Repealed, 2010, c. 17, s. 47]

  • 2007, c. 5, s. 4;
  • 2010, c. 17, s. 47;
  • 2014, c. 25, s. 38.
 
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