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National Defence Act

Version of section 249 from 2022-06-20 to 2024-10-30:
 


Marginal note:Right to petition on new evidence

  • 249 (1) Every person who has been tried and found guilty by a court martial has a right, on grounds of new evidence discovered subsequent to the trial, to petition the Minister for a new trial.

  • Marginal note:Reference to CMAC for determination

    (2) The Minister may refer a petition to the Court Martial Appeal Court for a hearing and determination by that Court as if it were an appeal by the petitioner.

  • Marginal note:Reference to CMAC for opinion

    (3) The Minister may refer a petition or any question relating to a petition to the Court Martial Appeal Court for its opinion, and that Court shall furnish its opinion accordingly.

  • Marginal note:New trial

    (4) If the Minister is of the opinion that a petition should be granted, the Minister may order a new trial and the petitioner may be tried again as if no trial had been held.

  • R.S., 1985, c. N-5, s. 249
  • 1998, c. 35, s. 82
  • 2019, c. 15, s. 41

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