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

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Act current to 2019-11-19 and last amended on 2019-08-01. Previous Versions

PART IIICode of Service Discipline (continued)

DIVISION 6Trial by Court Martial (continued)

Court Martial Administrator (continued)

Marginal note:Acting Court Martial Administrator

 The duties and functions of the Court Martial Administrator may be performed by any person authorized by the Court Martial Administrator.

  • 1998, c. 35, s. 42

Military Judges

Marginal note:Appointment

  •  (1) The Governor in Council may appoint any officer who is a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been an officer for at least 10 years to be a military judge.

  • Marginal note:Oath

    (2) Every military judge shall, before commencing the duties of office, take the following oath of office:

    I blank line solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.)

  • Marginal note:Removal for cause

    (3) A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of the Military Judges Inquiry Committee.

  • Marginal note:Ceasing to hold office

    (4) A military judge ceases to hold office on being released at his or her request from the Canadian Forces or on attaining the age of 60 years.

  • Marginal note:Resignation

    (5) A military judge may resign from office by giving notice in writing to the Minister. The resignation takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice.

  • 1998, c. 35, s. 42
  • 2011, c. 22, s. 2
  • 2013, c. 24, s. 41

Reserve Force Military Judges

Marginal note:Panel established

  •  (1) There is established a Reserve Force Military Judges Panel to which the Governor in Council may name any officer of the reserve force who has been an officer for at least 10 years and who

    • (a) is a barrister or advocate of at least 10 years’ standing at the bar of a province;

    • (b) has been a military judge;

    • (c) has presided at a Standing Court Martial or a Special General Court Martial; or

    • (d) has been a judge advocate at a court martial.

  • Marginal note:Reserve force military judge

    (2) An officer named to the panel is referred to in this Act as a “reserve force military judge”.

  • Marginal note:Oath

    (3) Every reserve force military judge shall, before commencing the duties of office, take the following oath of office:

    I blank line solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.)

  • 1998, c. 35, s. 42
  • 2013, c. 24, s. 41

Marginal note:Removal from panel

  •  (1) The Governor in Council may for cause remove the name of a reserve force military judge from the Reserve Force Military Judges Panel on the recommendation of the Military Judges Inquiry Committee.

  • Marginal note:Automatic removal from panel

    (2) The name of a reserve force military judge shall be removed from the panel on the judge’s release, at his or her request, from the Canadian Forces or on the judge attaining the age of 60 years.

  • Marginal note:Voluntary removal from panel

    (3) A reserve force military judge may request that their name be removed from the panel by giving notice in writing to the Minister. The removal takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice.

  • 2013, c. 24, s. 41

Marginal note:Chief Military Judge

  •  (1) The Chief Military Judge may select any reserve force military judge to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge.

  • Marginal note:Training

    (2) The Chief Military Judge may request a reserve force military judge to undergo any training that may be specified by the Chief Military Judge.

  • 2013, c. 24, s. 41

Marginal note:Restriction on activities

 A reserve force military judge shall not engage in any business or professional activity that is incompatible with the duties that they may be required to perform under this Act.

  • 2013, c. 24, s. 41

Duties and Immunity of Military Judges

Marginal note:Judicial duties and functions

  •  (1) Military judges shall preside at courts martial and shall perform other judicial duties under this Act that are required to be performed by military judges.

  • Marginal note:Other duties and functions

    (2) In addition to their judicial duties, military judges shall perform any other duties that the Chief Military Judge may direct, but those other duties may not be incompatible with their judicial duties.

  • Marginal note:Boards of inquiry

    (3) Military judges may, with the concurrence of the Chief Military Judge, be appointed as a board of inquiry.

  • 1998, c. 35, s. 42

Marginal note:Immunity

 A military judge has the same immunity from liability as a judge of a superior court of criminal jurisdiction.

  • 2013, c. 24, s. 42

Chief Military Judge

Marginal note:Chief Military Judge

  •  (1) The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Chief Military Judge.

  • Marginal note:Rank

    (2) The Chief Military Judge holds a rank that is not less than colonel.

  • 1998, c. 35, s. 42
  • 2013, c. 24, s. 43

Marginal note:Duties and functions

 The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act.

  • 1998, c. 35, s. 42

Marginal note:Delegation

 The Chief Military Judge may authorize any military judge, other than a reserve force military judge, to exercise and perform any of the powers, duties and functions of the Chief Military Judge.

  • 1998, c. 35, s. 42
  • 2013, c. 24, s. 44

Marginal note:Delegation

 The Chief Military Judge may delegate any of the Chief Military Judge’s duties and functions to a military judge.

  • 1998, c. 35, s. 42

Marginal note:Deputy Chief Military Judge

 The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Deputy Chief Military Judge.

  • 2013, c. 24, s. 45

Marginal note:Power, duties and functions

 In the event that the Chief Military Judge is absent or unable to act or the office of Chief Military Judge is vacant, the Deputy Chief Military Judge shall exercise and perform the powers, duties and functions of the Chief Military Judge that are not otherwise authorized to be exercised or performed by a military judge under section 165.26.

  • 2013, c. 24, s. 45

Marginal note:Rules of practice and procedure

 The Chief Military Judge may, with the Governor in Council’s approval and after consulting with a rules committee established under regulations made by the Governor in Council, make rules governing the following:

  • (a) pre-trial conferences and other preliminary proceedings;

  • (b) the making of applications under section 158.7;

  • (c) the bringing of persons before a military judge under section 159;

  • (d) the scheduling of trials by court martial;

  • (e) the minutes of proceedings of courts martial and other proceedings;

  • (f) documents, exhibits or other things connected with any proceeding, including public access to them; and

  • (g) any other aspects of practice and procedure that are prescribed in regulations made by the Governor in Council.

  • 2013, c. 24, s. 45
 
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