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National Defence Act

Version of section 197 from 2022-06-20 to 2024-10-30:


Marginal note:Definitions

 For the purposes of this Division,

appropriate province

appropriate province means

  • (a) in respect of a court martial held in Canada, the province in which it is held, or

  • (b) in respect of a court martial held outside Canada, the province with which the Minister makes arrangements for the benefit and welfare of the accused person; (province concernée)

assessment

assessment means an assessment of the mental condition of the accused person, and any incidental observation or examination of the accused person; (évaluation)

disposition

disposition means an order made by a court martial under section 201, 202 or 202.16 or a finding made by a court martial under subsection 202.161(4); (décision)

medical practitioner

medical practitioner means a person who is entitled to practise medicine by the laws of a province; (médecin)

Review Board

Review Board means the Review Board established or designated for a province pursuant to subsection 672.38(1) of the Criminal Code; (commission d’examen)

significant threat to the safety of the public

significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public — including any victim of or witness to the offence, or any person under the age of 18 years — resulting from conduct that is criminal in nature but not necessarily violent. (risque important pour la sécurité du public)

  • R.S., 1985, c. N-5, s. 197
  • 1991, c. 43, s. 18
  • 1998, c. 35, s. 92
  • 2014, c. 6, s. 21

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