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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

149.1 [Repealed before coming into force, 2005, c. 22, s. 47]

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Punishment for Certain Offences

Marginal note:Punishment for certain offences

  • 149.2  (1) Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

  • Marginal note:Offender must be notified

    (2) Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity.

  • 2001, c. 41, s. 99.

Ignorance of Law

Marginal note:Ignorance not to constitute excuse

150. The fact that a person is ignorant of the provisions of this Act, or of any regulations or of any order or instruction duly notified under this Act, is no excuse for any offence committed by the person.

  • R.S., c. N-4, s. 128.

Civil Defences

Marginal note:Rules of civil courts applicable

151. All rules and principles from time to time followed in the civil courts that would render any circumstance a justification or excuse for any act or omission or a defence to any charge are applicable in any proceedings under the Code of Service Discipline.

  • R.S., 1985, c. N-5, s. 151;
  • R.S., 1985, c. 31 (1st Supp.), s. 47.

152. [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 47]

Division 3

Arrest and Pre-Trial Custody

Interpretation

Marginal note:Definitions

153. The definitions in this section apply in this Division.

“custody review officer”

« officier réviseur »

“custody review officer”, in respect of a person in custody, means

  • (a) the officer who is the person’s commanding officer, or an officer who is designated by that officer; or

  • (b) if it is not practical for an officer referred to in paragraph (a) to act as the custody review officer, the officer who is the commanding officer of the unit or element where the person is in custody or an officer who is designated by that officer.

“designated offence”

« infraction désignée »

“designated offence” means

  • (a) an offence that is punishable under section 130 that is

    • (i) listed in section 469 of the Criminal Code,

    • (ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or

    • (iii) an offence of conspiring to commit an offence under any subsection referred to in subparagraph (ii);

  • (b) an offence under this Act where the minimum punishment is imprisonment for life;

  • (c) an offence under this Act for which a punishment higher in the scale of punishments than imprisonment for less than two years may be awarded that is alleged to have been committed while at large after having been released in respect of another offence pursuant to the provisions of this Division or Division 10;

  • (d) an offence under this Act that is a criminal organization offence; or

  • (e) an offence under this Act that is a terrorism offence.

  • R.S., 1985, c. N-5, s. 153;
  • R.S., 1985, c. 31 (1st Supp.), s. 47;
  • 1998, c. 35, s. 40;
  • 2001, c. 41, s. 100;
  • 2012, c. 1, s. 48(E).
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