National Defence Act

Marginal note:Appeal by person tried

230 Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:

• (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;

• (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;

• (b) the legality of any finding of guilty;

• (c) the legality of the whole or any part of the sentence;

• (d) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;

• (e) the legality of a disposition made under section 201, 202 or 202.16;

• (e.1) the legality of a finding made under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding;

• (f) the legality of a decision made under any of subsections 196.14(1) to (3);

• (g) the legality of a decision made under subsection 227.01(2);

• (h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;

• (i) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;

• (i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1);

• (j) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or

• (k) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3).