National Defence Act

Marginal note:Provisions of Part XX.1 of the Criminal Code that apply to findings

202.26 Sections 672.64 to 672.71 and 672.79 and subsections 672.8(1) and (2) of the Criminal Code apply, with such modifications as the circumstances require, to findings made by courts martial under this Act of unfit to stand trial or not responsible on account of mental disorder, and

• (a) a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province;

• (b) a reference in subsection 672.64(3) or 672.65(1) of the Criminal Code to a designated offence prosecuted by indictment is deemed to be a reference to a designated offence;

• (c) no application under subsection 672.65(2) of the Criminal Code may be made to a superior court of criminal jurisdiction;

• (d) a reference in section 754 of the Criminal Code to the Attorney General of the province in which the accused person was tried is deemed to be a reference to the Minister;

• (e) the references in subsections 672.8(1) and (2) of the Criminal Code to the Attorney General are deemed to be references to the Minister of National Defence; and

• (f) the Court Martial Appeal Court may not order a new hearing under paragraph 672.79(2)(a) or 672.8(2)(a) of the Criminal Code where the finding or dismissal of the application for a finding is that of a General Court Martial or a Disciplinary Court Martial.