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

Marginal note:Offence

• 88 (1) Every person who deserts or attempts to desert is guilty of an offence and on conviction, if the person committed the offence on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.

• Marginal note:Definition

  (2) A person deserts who

  • (a) being on or having been warned for active service, duty during an emergency or other important service, is absent without authority with the intention of avoiding that service;

  • (b) having been warned that his vessel is under sailing orders, is absent without authority with the intention of missing that vessel;

  • (c) absents himself without authority from his place of duty with the intention of remaining absent from his place of duty;

  • (d) is absent without authority from his place of duty and at any time during such absence forms the intention of remaining absent from his place of duty; or

  • (e) while absent with authority from his place of duty, with the intention of remaining absent from his place of duty, does any act or omits to do anything the natural and probable consequence of which act or omission is to preclude the person from being at his place of duty at the time required.

• Marginal note:Presumption of desertion

  (3) A person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of remaining absent from his place of duty.