National Defence Act

Version of section 168 from 2003-01-01 to 2014-05-31:

Marginal note:Ineligibility to serve

 None of the following persons may sit as a member of the panel of a General Court Martial:

  • (a) an officer or non-commissioned member who is a lawyer or notary;

  • (b) a witness for the prosecution or the accused person;

  • (c) the commanding officer of the accused person;

  • (d) an officer or non-commissioned member appointed for the purposes of section 156;

  • (e) an officer below the rank of captain;

  • (f) any person who, before the court martial, participated in any investigation respecting the matters on which a charge against the accused person is founded; or

  • (g) an officer or non-commissioned member of any armed force who is attached, seconded or on loan to the Canadian Forces.

  • R.S., 1985, c. N-5, s. 168;
  • 1992, c. 16, s. 4;
  • 1998, c. 35, s. 42.
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