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

Marginal note:Appeal by person tried

• 245 (1) A person subject to the Code of Service Discipline may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court

  • (a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or

  • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

• Marginal note:Appeal by Minister

  (2) The Minister, or counsel instructed by the Minister for that purpose, may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court

  • (a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or

  • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

• Marginal note:Hearing and determination by Supreme Court of Canada

  (3) The Supreme Court of Canada, in respect of the hearing and determination of an appeal under this section, has the same powers, duties and functions as the Court Martial Appeal Court has under this Act, and sections 238 to 242 apply with such adaptations and modifications as the circumstances require.

• Marginal note:When appeal deemed abandoned

  (4) An appeal to the Supreme Court of Canada that is not brought on for hearing by the appellant at the session of the Supreme Court of Canada during which the judgment appealed from was pronounced by the Court Martial Appeal Court, or at the next session of the Supreme Court of Canada, shall be deemed to be abandoned, unless otherwise ordered by the Supreme Court of Canada or a judge thereof.