National Defence Act

Marginal note:Appeal by Minister

230.1 The Minister, or counsel instructed by the Minister for that purpose, 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 not to make an order under subsection 745.51(1) of the Criminal Code;

• (b) the legality of any finding of not guilty;

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

• (d) the legality of a decision of a court martial that terminates proceedings on a charge or that in any manner refuses or fails to exercise jurisdiction in respect of a charge;

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

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

• (f.01) the legality of a decision not to make a finding under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding;

• (f.1) the legality of an order for a stay of proceedings made under subsection 202.121(7);

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

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

• (i) 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;

• (j) 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;

• (j.1) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1);

• (k) 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

• (l) 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).