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National Defence Act

Version of section 230 from 2022-06-20 to 2024-05-28:


Marginal note:Appeal by person tried

 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).

  • R.S., 1985, c. N-5, s. 230
  • 1991, c. 43, s. 21
  • 2000, c. 10, s. 2
  • 2007, c. 5, s. 5, c. 22, s. 45
  • 2010, c. 17, s. 58
  • 2011, c. 5, s. 8
  • 2013, c. 24, s. 69
  • 2014, c. 6, s. 29
  • 2019, c. 15, s. 37
  • 2019, c. 15, s. 63

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