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

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Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART IIICode of Service Discipline (continued)

DIVISION 2Service Offences and Punishments (continued)

Desertion

Marginal note:Offence

  •  (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.

  • R.S., c. N-4, s. 78

Marginal note:Connivance at desertion

 Every person who

  • (a) being aware of the desertion or intended desertion of a person from any of Her Majesty’s Forces, does not without reasonable excuse inform his superior officer forthwith, or

  • (b) fails to take any steps in his power to cause the apprehension of a person whom he knows, or has reasonable grounds to believe, to be a deserter,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 79

Absence without Leave

Marginal note:Offence

  •  (1) Every person who absents himself without leave is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • Marginal note:Definition

    (2) A person absents himself without leave who

    • (a) without authority leaves his place of duty;

    • (b) without authority is absent from his place of duty; or

    • (c) having been authorized to be absent from his place of duty, fails to return to his place of duty at the expiration of the period for which the absence of that person was authorized.

  • R.S., c. N-4, s. 80

Marginal note:False statement in respect of leave

 Every person who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 81

Disgraceful Conduct

Marginal note:Scandalous conduct by officers

 Every officer who behaves in a scandalous manner unbecoming an officer is guilty of an offence and on conviction shall suffer dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service.

  • R.S., c. N-4, s. 82

Marginal note:Cruel or disgraceful conduct

 Every person who behaves in a cruel or disgraceful manner is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment.

  • R.S., c. N-4, s. 83

Marginal note:Traitorous or disloyal utterances

 Every person who uses traitorous or disloyal words regarding Her Majesty is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

  • R.S., c. N-4, s. 84

Marginal note:Abuse of subordinates

 Every person who strikes or otherwise ill-treats any person who by reason of rank or appointment is subordinate to him is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 85

Marginal note:Making false accusations or statements or suppressing facts

 Every person who

  • (a) makes a false accusation against an officer or non-commissioned member, knowing the accusation to be false, or

  • (b) when seeking redress under section 29, knowingly makes a false statement affecting the character of an officer or non-commissioned member or knowingly, in respect of the redress so sought, suppresses any material fact

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., 1985, c. N-5, s. 96
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Drunkenness

  •  (1) Drunkenness is an offence and every person convicted thereof is liable to imprisonment for less than two years or to less punishment, except that, where the offence is committed by a non-commissioned member who is not on active service or on duty or who has not been warned for duty, no punishment of imprisonment, and no punishment of detention for a term in excess of ninety days, shall be imposed.

  • Marginal note:When committed

    (2) For the purposes of subsection (1), the offence of drunkenness is committed where a person, owing to the influence of alcohol or a drug,

    • (a) is unfit to be entrusted with any duty that the person is or may be required to perform; or

    • (b) behaves in a disorderly manner or in a manner likely to bring discredit on Her Majesty’s service.

  • R.S., 1985, c. N-5, s. 97
  • R.S., 1985, c. 31 (1st Supp.), s. 60

Marginal note:Malingering, aggravating disease or infirmity or injuring self or another

 Every person who

  • (a) malingers or feigns or produces disease or infirmity,

  • (b) aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or

  • (c) wilfully maims or injures himself or any other person who is a member of any of Her Majesty’s Forces or of any forces cooperating therewith, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,

is guilty of an offence and on conviction, if he commits the offence on active service or when under orders for active service or in respect of a person 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.

  • R.S., c. N-4, s. 88

Offences in relation to Service Arrest and Custody

Marginal note:Detaining unnecessarily or failing to bring up for investigation

 Every person who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person’s case before the proper authority for investigation, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 89

Marginal note:Setting free without authority or allowing or assisting escape

 Every person who

  • (a) without authority sets free or authorizes or otherwise facilitates the setting free of any person in custody,

  • (b) negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or

  • (c) assists any person in escaping or in attempting to escape from custody,

is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for a term not exceeding seven years or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment.

  • R.S., c. N-4, s. 90
 
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