National Defence Act

Marginal note:Proceedings public

• 180 (1) Subject to subsections (2) and (3), courts martial, and proceedings before military judges under section 148, 158.7, 159, 187, 215.2 or 248.81, shall be public and, to the extent that accommodation permits, the public shall be admitted to the proceedings.

• Marginal note:Exception

  (2) A court martial or military judge, as the case may be, may order that the public be excluded during the whole or any part of the proceedings if the court martial or military judge considers that it is necessary

  • (a) in the interests of public safety or public morals;

  • (b) for the maintenance of order or the proper administration of military justice; or

  • (c) to prevent injury to international relations, national defence or national security.

• Marginal note:Witnesses

  (3) Witnesses are not to be admitted to the proceedings except when under examination or by specific leave of the court martial or military judge, as the case may be.

• Marginal note:Clearing court

  (4) For the purpose of any deliberation, a court martial or military judge, as the case may be, may cause the place where the proceedings are being held to be cleared.