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

Disclosure of Information

Marginal note:Disclosure
  •  (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine

    • (a) whether a person may be served with a notice under section 227.08;

    • (b) for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act;

    • (c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or

    • (d) whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, may be the subject of a determination under subsection 227.15(1) or 227.16(1).

  • Marginal note:Disclosure by Provost Marshal

    (2) The Provost Marshal shall disclose the information

    • (a) to a prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 227.01, a termination order under subsection 227.04(1) or 227.13(1) or an exemption order under subsection 227.1(4);

    • (b) to the Minister or counsel instructed by the Minister if the disclosure is necessary for the purpose of an appeal respecting the legality of a decision made in a proceeding referred to in paragraph (a);

    • (c) to a person’s commanding officer if the disclosure is necessary to enable the person to comply with the Sex Offender Information Registration Act; or

    • (d) to the Chief of the Defence Staff if the disclosure is necessary for the purpose of a determination under subsection 227.15(1) or 227.16(1).

  • Marginal note:Disclosure in proceedings

    (3) The prosecutor or the Minister or counsel instructed by the Minister may, if the information is relevant to the proceeding or appeal referred to in paragraph (2)(a) or (b), disclose it to the presiding judge, court or court martial.

  • 2007, c. 5, s. 4;
  • 2010, c. 17, s. 56;
  • 2013, c. 24, s. 107(F).
Marginal note:Disclosure
  •  (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay.

  • Marginal note:Disclosure by Provost Marshal

    (2) The Provost Marshal shall disclose the information

    • (a) to the officer who has jurisdiction to try the person and to a person who provides legal advice to the officer with respect to the proceeding, in the case of a summary trial; or

    • (b) to the prosecutor or to the Minister or counsel instructed by the Minister in any other case.

  • Marginal note:Disclosure in proceedings

    (3) The officer who has jurisdiction to try the person may, if the officer is unable to preside over the summary trial, disclose the information to another officer who has jurisdiction to try the person and to a person who provides legal advice to that officer with respect to the summary trial.

  • Marginal note:Disclosure in proceedings

    (4) The officer who presides over the summary trial may disclose the information to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the summary trial, if the information is relevant to the review.

  • Marginal note:Disclosure in proceedings

    (5) The prosecutor or the Minister or counsel instructed by the Minister may disclose the information to the presiding judge, court or court martial in the proceeding or appeal or in any subsequent appeal, or to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the proceeding or appeal, if the information is relevant to the proceeding, appeal or review.

  • Marginal note:Disclosure in proceedings

    (6) A review authority may disclose the information to another review authority and to a person who provides legal advice to the other review authority with respect to a review by that review authority of a finding of guilty made or punishment imposed in a proceeding or appeal referred to in subsection (1) or in any subsequent appeal, if the information is relevant to the review.

  • 2007, c. 5, s. 4;
  • 2010, c. 17, s. 57;
  • 2013, c. 24, s. 107(F).

Authorizations, Designations and Regulations

Marginal note:Regulations by Governor in Council

 The Governor in Council may make regulations

  • (a) respecting the means by which designated classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve are required to report under section 4, 4.1 or 4.3, or to provide notification under section 6, of the Sex Offender Information Registration Act to registration centres designated under paragraph (e);

  • (b) designating classes of operations in respect of which a determination may be made under subsection 227.16(1);

  • (c) authorizing persons or classes of persons in or outside Canada to collect information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve;

  • (d) authorizing persons or classes of persons in or outside Canada to register information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; and

  • (e) designating places or classes of places in or outside Canada as registration centres for the purposes of the Sex Offender Information Registration Act and the area, or classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve, served by each registration centre.

  • 2007, c. 5, s. 4.
Marginal note:Authorization

 The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf.

  • 2007, c. 5, s. 4;
  • 2013, c. 24, s. 107(F).

DIVISION 9Appeals

General Provisions

Definition of legality and illegal

 For the purposes of this Division, the expressions legality and illegal shall be deemed to relate either to questions of law alone or to questions of mixed law and fact.

  • R.S., 1985, c. N-5, s. 228;
  • 1998, c. 35, s. 92.

 [Repealed, 1998, c. 35, s. 67]

Right to Appeal

Marginal note:Appeal by person tried

 Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:

  • (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;

  • (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;

  • (b) the legality of any finding of guilty;

  • (c) the legality of the whole or any part of the sentence;

  • (d) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;

  • (e) the legality of a disposition made under section 201, 202 or 202.16;

  • (f) the legality of a decision made under any of subsections 196.14(1) to (3); or

  • (g) the legality of a decision made under subsection 227.01(2).

  • R.S., 1985, c. N-5, s. 230;
  • 1991, c. 43, s. 21;
  • 2000, c. 10, s. 2;
  • 2007, c. 5, s. 5, c. 22, s. 45;
  • 2010, c. 17, s. 58;
  • 2011, c. 5, s. 8.
 
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