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

Act current to 2016-01-25 and last amended on 2015-06-01. Previous Versions

Marginal note:Mandate
  •  (1) The Military Judges Compensation Committee shall inquire into the adequacy of the remuneration of military judges.

  • Marginal note:Factors to be considered

    (2) In conducting its inquiry, the compensation committee shall consider

    • (a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;

    • (b) the role of financial security of the judiciary in ensuring judicial independence;

    • (c) the need to attract outstanding candidates to the judiciary; and

    • (d) any other objective criteria that the committee considers relevant.

  • Marginal note:Quadrennial inquiry

    (3) The compensation committee shall commence an inquiry on September 1, 2015, and on September 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister within nine months after the day on which the inquiry commenced.

  • Marginal note:Postponement

    (4) The compensation committee may, with the consent of the Minister and the military judges, postpone the commencement of a quadrennial inquiry.

  • 2013, c. 24, s. 45.
Marginal note:Other inquiries
  •  (1) The Minister may at any time refer to the Military Judges Compensation Committee for its inquiry the matter, or any aspect of the matter, mentioned in subsection 165.34(1).

  • Marginal note:Report

    (2) The compensation committee shall submit to the Minister a report containing its recommendations within a period fixed by the Minister after consultation with the compensation committee.

  • Marginal note:Continuance of duties

    (3) A person who ceases to hold office as a member for any reason other than their removal may carry out and complete their duties in respect of a matter that was referred to the compensation committee under subsection (1) before the person ceased to hold office. While completing those duties, the person is deemed to be a member of the compensation committee.

  • 2013, c. 24, s. 45.
Marginal note:Extension

 The Governor in Council may, on the request of the Military Judges Compensation Committee, extend the time for the submission of a report.

  • 2013, c. 24, s. 45.
Marginal note:Minister’s duties
  •  (1) Within 30 days after receiving a report, the Minister shall notify the public and facilitate public access to the report in any manner that the Minister considers appropriate.

  • Marginal note:Response

    (2) The Minister shall respond to a report within six months after receiving it.

  • 2013, c. 24, s. 45.

General Courts Martial

Marginal note:Jurisdiction

 A General Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.

  • R.S., 1985, c. N-5, s. 166;
  • 1998, c. 35, s. 42.
Marginal note:Punishment limitation

 A General Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine.

  • 2008, c. 29, s. 9.
Marginal note:Composition
  •  (1) A General Court Martial is composed of a military judge and a panel of five members.

  • Marginal note:Rank of senior member

    (2) The senior member of the panel must be an officer of or above the rank of colonel.

  • Marginal note:Rank for trial of officer

    (3) If the accused person is an officer, all of the members of the panel must be officers.

  • Marginal note:Ranks for trial of brigadier-general or above

    (4) If the accused person is of or above the rank of brigadier-general, the senior member of the panel must be an officer of or above the rank of the accused person and the other members of the panel must be of or above the rank of colonel.

  • Marginal note:Rank for trial of colonel

    (5) If the accused person is of the rank of colonel, all of the members of the panel, except the senior member, must be of or above the rank of lieutenant-colonel.

  • Marginal note:Rank for trial of lieutenant-colonel

    (6) If the accused person is of the rank of lieutenant-colonel, at least two of the members of the panel must be of or above the rank of lieutenant-colonel.

  • Marginal note:Rank for trial of non-commissioned member

    (7) If the accused person is a non-commissioned member, two non-commissioned members who are of the rank of warrant officer or above must be appointed as members of the panel and the other three members must be officers.

  • R.S., 1985, c. N-5, s. 167;
  • 1992, c. 16, s. 3;
  • 1998, c. 35, s. 42.
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) a member of the military police;

  • (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;
  • 2013, c. 24, s. 48.

 [Repealed, 2008, c. 29, s. 10]

 [Repealed, 2008, c. 29, s. 10]

 [Repealed, 2008, c. 29, s. 10]

 [Repealed, 2008, c. 29, s. 10]

Standing Courts Martial

Marginal note:Jurisdiction

 A Standing Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.

  • R.S., 1985, c. N-5, s. 173;
  • 1992, c. 16, s. 6;
  • 1998, c. 35, s. 42;
  • 2008, c. 29, s. 11.
Marginal note:Composition

 Every military judge is authorized to preside at a Standing Court Martial, and a military judge who does so constitutes the Standing Court Martial.

  • R.S., 1985, c. N-5, s. 174;
  • 1992, c. 16, s. 6;
  • 1998, c. 35, s. 42.
Marginal note:Punishment limitation

 A Standing Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine.

  • R.S., 1985, c. N-5, s. 175;
  • 1991, c. 43, s. 16;
  • 1998, c. 35, s. 42;
  • 2008, c. 29, s. 12.

 [Repealed, 2008, c. 29, s. 12]

 [Repealed, 2008, c. 29, s. 12]

 [Repealed, 2008, c. 29, s. 12]

Powers

Marginal note:Courts martial
  •  (1) A court martial has the same powers, rights and privileges — including the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to

    • (a) the attendance, swearing and examination of witnesses;

    • (b) the production and inspection of documents;

    • (c) the enforcement of its orders; and

    • (d) all other matters necessary or proper for the due exercise of its jurisdiction.

  • Marginal note:Military judges

    (2) Subsection (1) applies to a military judge performing a judicial duty under this Act other than presiding at a court martial.

  • R.S., 1985, c. N-5, s. 179;
  • R.S., 1985, c. 31 (1st Supp.), s. 56;
  • 1998, c. 35, s. 42;
  • 2013, c. 24, s. 49(E).
 
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