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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Rules

 The Chief Justice of the Court Martial Appeal Court, with the approval of the Governor in Council, may make rules respecting applications under sections 248.2, 248.8 and 248.81.

  • R.S., 1985, c. 31 (1st Supp.), s. 57.
Marginal note:Appeal to CMAC
  •  (1) The following persons, namely,

    • (a) a person whose application to be released from detention or imprisonment pursuant to this Division is refused, and

    • (b) a person who is the subject of an order under section 248.81

    may appeal that decision or order to the Court Martial Appeal Court.

  • Marginal note:Idem

    (2) The Canadian Forces may appeal any direction under this Division that a person be released from detention or imprisonment or any order under section 248.81.

  • Marginal note:Grounds may be considered

    (3) When hearing an appeal under this section, the Court Martial Appeal Court may, in all cases where an appeal has been filed, take into consideration the grounds of appeal.

  • Marginal note:Application of provisions

    (4) The provisions of this Division apply, with such modifications as the circumstances require, to any appeal under this section.

  • R.S., 1985, c. 31 (1st Supp.), s. 57;
  • 1998, c. 35, ss. 80, 92.
Marginal note:Surrender into custody

 A person released pending appeal under this Division may surrender himself or herself into custody at any time to serve a sentence of detention or imprisonment imposed on the person.

  • 1998, c. 35, s. 81.

Division 11Review

Review Authorities

Marginal note:Governor in Council
  •  (1) The review authority in respect of findings of guilty made and punishments imposed by courts martial is the Governor in Council.

  • Marginal note:Application necessary

    (2) The review of a finding of guilty made and any punishment imposed by a court martial must be on application of the person found guilty or the Chief of the Defence Staff.

  • Marginal note:Chief of the Defence Staff and other military authorities

    (3) The review authorities in respect of findings of guilty made and punishments imposed by persons presiding at summary trials are the Chief of the Defence Staff and such other military authorities as are prescribed by the Governor in Council in regulations.

  • Marginal note:When authorities may act

    (4) A review authority in respect of any finding of guilty made and any punishment imposed by a person presiding at a summary trial may act on its own initiative or on application of the person found guilty made in accordance with regulations made by the Governor in Council.

  • R.S., 1985, c. N-5, s. 249;
  • 1998, c. 35, s. 82.