Marginal note:Offences not triable by courts martial
70 A court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada:
(a) murder;
(b) manslaughter;
(c) an offence under any of sections 280 to 283 of the Criminal Code;
(d) an offence under any of the following provisions of the Criminal Code:
(i) section 151 (sexual interference),
(ii) section 152 (invitation to sexual touching),
(iii) section 153 (sexual exploitation),
(iv) section 153.1 (sexual exploitation of person with disability),
(v) section 155 (incest),
(vi) subsection 160(1) (bestiality),
(vii) subsection 160(2) (compelling the commission of bestiality),
(viii) subsection 160(3) (bestiality in presence of or by a child),
(viii.1) subsection 160(3.1) (representation of bestiality),
(ix) section 162 (voyeurism),
(x) section 162.1 (publication, etc., of an intimate image without consent),
(xi) section 163.1 (child sexual abuse and exploitation material),
(xii) section 170 (parent or guardian procuring sexual activity),
(xiii) section 171 (householder permitting prohibited sexual activity),
(xiv) section 171.1 (making sexually explicit material available to child),
(xv) section 172.1 (luring a child),
(xvi) section 172.2 (agreement or arrangement — sexual offence against child),
(xvii) subsection 173(2) (exposure),
(xviii) section 271 (sexual assault),
(xix) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xx) section 273 (aggravated sexual assault),
(xxi) section 273.3 (removal of a child from Canada),
(xxii) section 279.011 (trafficking — person under 18 years),
(xxiii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xxiv) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxv) section 286.1 (obtaining sexual services for consideration),
(xxvi) section 286.2 (material benefit from sexual services),
(xxvii) section 286.3 (procuring), and
(xxviii) section 286.4 (advertising sexual services);
(e) an offence under the Criminal Code — other than an offence referred to in paragraph (d) — that is of a sexual nature or that is committed for a sexual purpose;
(f) an offence under the Criminal Code, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (d) or (e) if it occurred on or after that day;
(g) conspiring or attempting to commit an offence referred to in any of paragraphs (d) to (f) or being an accessory after the fact to such an offence; or
(h) counselling a person to commit an offence referred to in any of paragraphs (d) to (f) if the offence is not committed.
- R.S., 1985, c. N-5, s. 70
- 1998, c. 35, s. 22
- 2019, c. 15, s. 6
- 2026, c. 16, s. 7
- 2026, c. 16, s. 68
- 2026, c. 19, s. 202
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