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

Act current to 2014-07-22 and last amended on 2014-06-19. Previous Versions

Marginal note:Undertaking if application granted

 If an application for release is granted, the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, may direct that the person making the application be released on giving an undertaking to

  • (a) remain under military authority;

  • (b) surrender himself or herself into custody when directed to do so; and

  • (c) comply with any other reasonable conditions that are stipulated.

  • R.S., 1985, c. 31 (1st Supp.), s. 57;
  • 1998, c. 35, s. 77.
Marginal note:Release from detention or imprisonment

 Where a person is directed to be released from detention or imprisonment pursuant to this Division, the person in whose custody that person is shall forthwith release that person on his giving the undertaking referred to in section 248.5.

  • R.S., 1985, c. 31 (1st Supp.), s. 57;
  • 1998, c. 35, s. 92.
Marginal note:Return to duty

 An officer or non-commissioned member who is released from detention or imprisonment pursuant to this Division shall be returned to duty unless the Chief of the Defence Staff, or an officer designated by the Chief of the Defence Staff, otherwise directs.

  • R.S., 1985, c. 31 (1st Supp.), s. 57;
  • 1998, c. 35, s. 92.
Marginal note:Review of conditions
  •  (1) The conditions of an undertaking referred to in section 248.5 may, on application by the person who gave the undertaking or by counsel for the Canadian Forces, be reviewed by the Court Martial Appeal Court and that Court may

    • (a) confirm the conditions;

    • (b) vary the conditions; or

    • (c) substitute such other conditions as it sees fit.

  • Marginal note:New undertaking

    (2) Where the conditions of an undertaking referred to in section 248.5 have been varied or substituted pursuant to subsection (1), the person who gave the undertaking shall forthwith be placed in custody unless the person gives an undertaking to comply with such varied or substituted conditions.

  • R.S., 1985, c. 31 (1st Supp.), s. 57;
  • 1998, c. 35, s. 78(F).
Marginal note:Breach of undertaking
  •  (1) Where, on application by counsel for the Canadian Forces, an authority referred to in subsection (2) is satisfied, on cause being shown, that an undertaking given by a person under section 248.5 has been breached or is likely to be breached, that authority may

    • (a) cancel the direction that authorized the person to be released and direct that the person be detained in custody; or

    • (b) direct that the person may remain at liberty on his giving a new undertaking in accordance with section 248.5.

  • Marginal note:Determination of authority

    (2) The authority to whom an application under subsection (1) may be made is

    • (a) where the undertaking was given in respect of a direction made pursuant to an application under section 248.1, a military judge; or

    • (b) subject to subsection (3), where the undertaking was given in respect of a direction made pursuant to an application under section 248.2, a judge of the Court Martial Appeal Court.

    • (c[Repealed, 1998, c. 35, s. 79]

  • Marginal note:Exception

    (3) In the circumstances provided for in regulations made by the Governor in Council, the authority to whom an application under subsection (1) may be made in respect of a direction made pursuant to an application under section 248.2 is a military judge.

  • Marginal note:Right to make representations

    (4) The person referred to in subsection (1) has the right to be present at the hearing of the application referred to in that subsection and the right to make representations at that hearing.

  • R.S., 1985, c. 31 (1st Supp.), s. 57;
  • 1993, c. 34, s. 95(F);
  • 1998, c. 35, s. 79.