Military Rules of Evidence (C.R.C., c. 1049)

11 (1) When an accused seeks acquittal on the ground of insanity, he has the burden of persuasion as to the existence of the type and degree of insanity necessary for acquittal.

(2) When, under the Criminal Code or other Act of the Parliament of Canada, the accused would, in the trial of a criminal offence before a civil court, have the burden of persuasion on a material fact other than or in addition to insanity, the accused has that burden of persuasion in a trial by court martial involving the same offence and material fact.

(3) The accused has the burden of persuasion under the National Defence Act when that Act so provides.

(4) When the accused has a burden of persuasion under this section, the court shall consider him to have satisfied that burden if he establishes the probable truth or existence of the material fact.