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

Marginal note:Inquiry required

• 165.32 (1) The Military Judges Inquiry Committee shall, on receipt of a request in writing made by the Minister, commence an inquiry as to whether a military judge should be removed from office.

• Marginal note:Other inquiry

  (2) The inquiry committee may, on receipt of any complaint or allegation in writing made in respect of a military judge, commence an inquiry as to whether the military judge should be removed from office.

• Marginal note:Examination and recommendation

  (3) The Chairperson of the inquiry committee may designate a judge appointed to the committee to examine a complaint or allegation referred to in subsection (2) and to recommend whether an inquiry should be commenced.

• Marginal note:Notice to military judge

  (4) The military judge in respect of whom an inquiry is held shall be given reasonable notice of the inquiry’s subject matter and of its time and place and shall be given an opportunity, in person or by counsel, to be heard at the inquiry, to cross-examine witnesses and to adduce evidence on his or her own behalf.

• Marginal note:Inquiry held in public or private

  (5) The inquiry committee may hold an inquiry either in public or in private unless the Minister, having regard to the interests of the persons participating in the inquiry and the interests of the public, directs that the inquiry be held in public.

• Marginal note:Counsel

  (6) The Chairperson of the inquiry committee may engage on a temporary basis the services of counsel to assist the committee and may, subject to any applicable Treasury Board directives, establish the terms and conditions of the counsel’s engagement and fix their remuneration and expenses.

• Marginal note:Recommendation to the Governor in Council

  (7) The inquiry committee may recommend to the Governor in Council that the military judge be removed if, in its opinion,

  • (a) the military judge has become incapacitated or disabled from the due execution of his or her judicial duties by reason of

    • (i) infirmity,

    • (ii) having been guilty of misconduct,

    • (iii) having failed in the due execution of his or her judicial duties, or

    • (iv) having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of his or her judicial duties; or

  • (b) the military judge does not satisfy the physical and medical fitness standards applicable to officers.

• Marginal note:Report

  (8) The inquiry committee shall provide to the Minister a record of each inquiry and a report of its conclusions. If the inquiry was held in public, the inquiry committee shall make its report available to the public.