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

Definition of “protected statement”

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  • (c) [Repealed, 2005, c. 22, s. 57]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

Marginal note:Powers of Review Board

• 202.25 (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.