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

Act current to 2014-09-29 and last amended on 2014-08-18. Previous Versions

 [Repealed, 1991, c. 43, s. 20]

Transfer of Offenders

Marginal note:Transfer of offenders
  •  (1) A person who has been found guilty of an offence by a civil court in Canada or by a civil or military tribunal of any country other than Canada and sentenced to a term of incarceration may, with the approval of the Chief of the Defence Staff or an officer designated by the Chief of the Defence Staff, be transferred to the custody of the appropriate civil or military authorities of Canada for incarceration under this Act.

  • Marginal note:Imprisonment or detention of offenders transferred

    (2) A person transferred under subsection (1) may, in lieu of the incarceration to which that person was sentenced, be imprisoned or detained for the term or the remainder of the term of incarceration to which he was sentenced as though that person had been sentenced to that term by a service tribunal, and the provisions of this Division are applicable in respect of every person so transferred as though the person had been so sentenced.

  • Marginal note:Restriction

    (3) A person who has been found guilty of an offence by a civil court in Canada shall not,

    • (a) if sentenced by the civil court to a term of less than two years, be transferred under subsection (1) without the consent of the attorney general of the province in which that person is incarcerated; or

    • (b) if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada.

  • R.S., 1985, c. N-5, s. 226;
  • 1998, c. 35, ss. 64, 92.

Parole Eligibility

Marginal note:Sentence of imprisonment for life
  •  (1) A court martial that imposes a punishment of imprisonment for life shall pronounce the following sentence:

    • (a) in the case of a person who has been convicted of having committed traitorously an offence of misconduct in the presence of an enemy (section 73 or 74), an offence related to security (section 75) or an offence in relation to prisoners of war (section 76), imprisonment for life without eligibility for parole until the person has served 25 years of the sentence;

    • (b) in the case of a person who has been convicted of an offence of high treason or an offence of first degree murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence;

    • (c) in the case of a person who has been convicted of an offence of second degree murder and has previously been convicted of culpable homicide that is murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence;

    • (d) in the case of a person who has been convicted of an offence of second degree murder, imprisonment for life without eligi­bility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted under subsection (2); or

    • (e) in the case of a person who has been convicted of any other offence, imprisonment for life with normal eligibility for parole.

  • Marginal note:Provisions of Criminal Code apply

    (2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of impris­onment for life that is imposed under this Act, and for that purpose

    • (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

    • (b) in the case of a conviction that took place outside Canada, a reference in section 745.6 of the Criminal Code to the province in which a conviction took place shall be read as a reference to the province in which the offender is incarcerated when they make an application under that section.

  • 2013, c. 24, ss. 68, 132.