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

Act current to 2016-06-21 and last amended on 2015-06-01. Previous Versions

Witnesses at Courts Martial and before Commissioners

Marginal note:Summonses to witnesses
  •  (1) Every person required to give evidence before a court martial may be summoned by a military judge, the Court Martial Administrator or the court martial.

  • Marginal note:Summonses to witnesses

    (2) Every person required to give evidence before a commissioner taking evidence under this Act may be summoned by a military judge, the Court Martial Administrator or the commissioner.

  • Marginal note:Production of documents

    (3) A person summoned under this section may be required to bring and produce at the court martial or before the commissioner taking evidence under this Act any documents in the possession or under the control of the person that relate to the matters in issue.

  • 1998, c. 35, s. 82.

Warrant for Arrest on Non-Appearance of Accused

Marginal note:Non-appearance of accused

 Where an accused person has been duly summoned or ordered to appear before a court martial, the court martial may issue a warrant in the form prescribed in regulations made by the Governor in Council for the arrest of the accused person if the accused person

  • (a) fails to appear as summoned or ordered; or

  • (b) having appeared before the court martial, fails to attend before the court martial as required.

  • 1998, c. 35, s. 82.

Effect of New Punishment

Marginal note:Force and effect

 Where a new punishment, by reason of substitution or commutation, replaces a punishment imposed by a service tribunal, the new punishment has force and effect as if it had been imposed by the service tribunal in the first instance and the provisions of the Code of Service Discipline apply accordingly but, where the new punishment involves incarceration, the term of the new punishment shall be reckoned from the date of substitution or commutation, as the case may be.

  • 1998, c. 35, s. 82.

Restitution of Property

Marginal note:Restitution of property in case of conviction
  •  (1) Where a person is convicted of an offence under the Code of Service Discipline, the service tribunal shall order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the service tribunal or has been detained so that it can be immediately restored under the order to the person so entitled.

  • Marginal note:Restitution where no conviction, but offence committed

    (2) Where an accused person is tried for an offence but is not convicted and it appears to the service tribunal that an offence has been committed, the service tribunal may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the service tribunal or has been detained so that it can be immediately restored under the order to the person so entitled.

  • Marginal note:Exceptions

    (3) An order shall not be made in respect of

    • (a) property to which an innocent purchaser for value has acquired lawful title;

    • (b) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or

    • (c) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed.

  • Marginal note:Execution of order for restitution

    (4) An order made under this section shall be executed by the persons by whom the process of the service tribunal is ordinarily executed.

  • 1998, c. 35, s. 82.

Reference to Ranks

Marginal note:Reference to ranks

 Every reference in this Part to the rank of an officer or non-commissioned member includes a person who holds any equivalent relative rank, whether that person is attached, seconded or on loan to the Canadian Forces.

  • 1998, c. 35, s. 82.

PART IVComplaints About or by Military Police

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

Chairperson

président

Chairperson means the Chairperson of the Complaints Commission. (président)

Complaints Commission

Commission

Complaints Commission means the Military Police Complaints Commission established by subsection 250.1(1). (Commission)

conduct complaint

plainte pour inconduite

conduct complaint means a complaint about the conduct of a member of the military police made under subsection 250.18(1). (plainte pour inconduite)

interference complaint

plainte pour ingérence

interference complaint means a complaint about interference with a military police investigation made under subsection 250.19(1). (plainte pour ingérence)

military police

military police[Repealed, 2013, c. 24, s. 76]

Provost Marshal

Provost Marshal[Repealed, 2007, c. 5, s. 10]

  • R.S., 1985, c. N-5, s. 250;
  • 1998, c. 35, s. 82;
  • 2007, c. 5, s. 10;
  • 2013, c. 24, s. 76.

DIVISION 1Military Police Complaints Commission

Establishment and Organization

Marginal note:Commission established
  •  (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council.

  • Marginal note:Full- or part-time

    (2) Each member holds office as a full-time or a part-time member.

  • Marginal note:Tenure of office and removal

    (3) Each member holds office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (4) A member is eligible to be re-appointed on the expiration of a first or subsequent term of office.

  • Marginal note:Duties of full-time members

    (5) Full-time members shall devote the whole of their time to the performance of their duties under this Act.

  • Marginal note:Conflict of interest — part-time members

    (6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.

  • Marginal note:Eligibility

    (7) An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission.

  • Marginal note:Remuneration

    (8) The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

  • Marginal note:Travel and living expenses

    (9) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.

  • Marginal note:Status of members

    (10) The members are deemed

  • Marginal note:Oath of office

    (11) Every member shall, before commencing the duties of office, take the following oath of office:

    I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Police Complaints Commission in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Police Complaints Commission, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)

  • 1998, c. 35, s. 82;
  • 2003, c. 22, ss. 224(E), 225(E);
  • 2010, c. 12, s. 1755;
  • 2013, c. 24, s. 77(F).
 
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