National Defence Act

Marginal note:Order restricting publication — victims and witnesses

• 183.6 (1) Unless an order is made under section 183.5, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the victim or witness not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice.

• Marginal note:Military justice system participants

  (2) On application of the prosecutor in respect of a military justice system participant who is involved in proceedings in respect of an offence referred to in subsection (3) or on application of the military justice system participant themself, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the military justice system participant not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice.

• Marginal note:Offences

  (3) For the purpose of subsection (2), an offence is any of the following:

  • (a) an offence punishable under section 130 that is an offence under section 423.1, 467.11, 467.111, 467.12 or 467.13 of the Criminal Code or that is a serious offence committed for the benefit of, at the direction of, or in association with a criminal organization;

  • (b) a terrorism offence;

  • (c) an offence punishable under section 130 that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act;

  • (d) an offence punishable under section 130 that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act and that is committed in relation to an offence referred to in paragraph (c).

• Marginal note:Limitation

  (4) An order made under this section does not apply in respect of the disclosure of information if the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community.

• Marginal note:Making of application

  (5) An application for an order under this section must be made in accordance with regulations made by the Governor in Council.

• Marginal note:Grounds

  (6) The application must set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of military justice.

• Marginal note:Hearing may be held

  (7) The military judge may hold a hearing to determine whether an order under this section should be made, and the hearing may be held in private.

• Marginal note:Factors to be considered

  (8) In determining whether to make an order under this section, the military judge shall consider

  • (a) the right to a fair and public hearing;

  • (b) whether there is a real and substantial risk that the victim, witness or military justice system participant would suffer harm if their identity were disclosed;

  • (c) whether the victim, witness or military justice system participant needs the order for their security or to protect them from intimidation or retaliation;

  • (d) society’s interest in encouraging the reporting of service offences and the participation of victims, witnesses and military justice system participants;

  • (e) whether effective alternatives are available to protect the identity of the victim, witness or military justice system participant;

  • (f) the salutary and deleterious effects of the order;

  • (g) the impact of the order on the freedom of expression of those affected by it; and

  • (h) any other factor that the military judge considers relevant.

• Marginal note:Conditions

  (9) An order made under this section may be subject to any conditions that the military judge thinks fit.

• Marginal note:Publication prohibited

  (10) Unless the military judge refuses to make an order under this section, no person shall publish in any document or broadcast or transmit in any way

  • (a) the contents of the application for the order;

  • (b) any evidence taken, information given or submissions made at a hearing held under subsection (7); or

  • (c) any other information that could identify the person to whom the application relates as a victim, witness or military justice system participant in the proceedings.