National Defence Act

Marginal note:Appointment

• 165.21 (1) The Governor in Council may appoint officers who are barristers or advocates of at least ten years standing at the bar of a province to be military judges.

• Marginal note:Removal for cause

  (2) A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.

• Marginal note:Powers of Inquiry Committee

  (2.1) The Inquiry Committee is deemed to have the powers of a court martial.

• Marginal note:Ceasing to hold office

  (3) 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

  (4) 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.