An Act to amend the National Defence Act and to make related and consequential amendments to other Acts (S.C. 2019, c. 15)

Marginal note:Offences not triable by courts martial

70 A court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada:

DIVISION 1.1Declaration of Victims Rights

Interpretation

Marginal note:Definition of military justice system

71.01 For the purposes of this Division, military justice system means

• (a) the investigation of service offences, the processes for the laying and referral of charges of service offences and their prosecution;

• (b) the process for the carrying out of punishments in relation to service offences, except in respect of any service prisoners and service convicts who have been committed to a penitentiary or civil prison; and

• (c) the proceedings of a court martial or a Review Board, as defined in section 197, in respect of an accused person who is found unfit to stand trial or not responsible on account of mental disorder.

Rights

Information

Marginal note:General information

71.02 Every victim has the right, on request, to information about

• (a) the military justice system and the role of victims in it;

• (b) the services and programs available to them as a victim; and

• (c) their right to file a complaint for an infringement or denial of any of their rights under this Division.

Marginal note:Investigation and proceedings

71.03 Every victim has the right, on request, to information about

• (a) the status and outcome of the investigation into the service offence; and

• (b) the location of proceedings in relation to the offence, when they will take place and their progress and outcome.

Marginal note:Information about offender or accused

• 71.04 (1) Every victim has the right, on request, to information about

  • (a) the offender while they are in a service prison or detention barrack;

  • (b) the release of the offender from a service prison or detention barrack;

  • (c) hearings held for the purpose of making dispositions under any of sections 201, 202 and 202.16 and the dispositions made at those hearings; and

  • (d) hearings held by a Review Board under section 202.25 and the dispositions made at those hearings.

• Marginal note:Disclosure of information

  (2) Information may be disclosed for the purposes of paragraphs (1)(a) and (b) subject to and in accordance with regulations made by the Governor in Council.

Protection

Marginal note:Security

71.05 Every victim has the right to have their security considered by the appropriate authorities in the military justice system.

Marginal note:Protection from intimidation and retaliation

71.06 Every victim has the right to have reasonable and necessary measures taken by the appropriate authorities in the military justice system to protect the victim from intimidation and retaliation.

Marginal note:Privacy

71.07 Every victim has the right to have their privacy considered by the appropriate authorities in the military justice system.

Marginal note:Identity protection

71.08 Every victim has the right to request that their identity be protected if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence.

Marginal note:Testimonial aids

71.09 Every victim has the right to request testimonial aids when appearing as a witness in proceedings relating to the service offence.

Participation

Marginal note:Views to be considered

71.1 Every victim has the right to convey their views about decisions to be made by appropriate authorities in the military justice system that affect the victim’s rights under this Division and to have those views considered.

Marginal note:Victim impact statement

71.11 Every victim has the right to present a victim impact statement to the appropriate authorities in the military justice system and to have it considered.

Restitution

Marginal note:Restitution order

71.12 Every victim has the right to have the court martial consider making a restitution order against the offender.

Marginal note:Enforcement

71.13 Every victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender.

General Provisions

Marginal note:Application

• 71.14 (1) This Division applies in respect of a victim of a service offence in their interactions with the military justice system

  • (a) while the offence is being investigated or prosecuted or the charge is being referred;

  • (b) while the offender is serving a punishment in relation to the offence, unless the offender is a service prisoner or service convict who has been committed to a penitentiary or civil prison; and

  • (c) while the accused person is, in relation to the offence, under the jurisdiction of a court martial or a Review Board, as defined in section 197, if they are found unfit to stand trial or not responsible on account of mental disorder.

• Marginal note:Reporting of offence

  (2) For the purpose of subsection (1), if an offence is reported to the appropriate authorities in the military justice system, the investigation of the offence is deemed to begin at the time of the reporting.

Marginal note:Exercise of rights

• 71.15 (1) The rights of victims under this Division are to be exercised through the mechanisms provided by law.

• Marginal note:Connection to Canada

  (2) A victim is entitled to exercise their rights under this Division only if

  • (a) they are present in Canada; or

  • (b) they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Victim’s liaison officer

• 71.16 (1) Unless he or she is of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the victim to be their liaison officer.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the victim’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons.

• Marginal note:Role of victim’s liaison officer

  (3) Assistance by a victim’s liaison officer consists of

  • (a) explaining to the victim the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and

  • (b) obtaining and transmitting to the victim information relating to a service offence that the victim has requested and to which the victim has a right under this Division.

Marginal note:Interpretation of this Division

71.17 This Division is to be construed and applied in a manner that is reasonable in the circumstances and in a manner that is not likely to

• (a) interfere with the proper administration of military justice, including

  • (i) by causing interference with investigative discretion or by causing excessive delay in, compromising or hindering the investigation of any service offence,

  • (ii) by causing interference with charge laying discretion in respect of any service offence, or by causing excessive delay in, compromising or hindering the laying or referral of a charge in respect of any service offence, and

  • (iii) by causing interference with prosecutorial discretion or by causing excessive delay in, compromising or hindering the prosecution of any service offence;

• (b) interfere with ministerial discretion in respect of any service offence;

• (c) interfere with the discretion that may be exercised by any person or body authorized to release an accused person or offender into the community;

• (d) endanger the life or safety of any individual; or

• (e) cause injury to international relations, national defence or national security.

Marginal note:Interpretation of other Acts, regulations, etc.

71.18 To the extent that it is possible to do so, every Act of Parliament enacted — and every order, rule or regulation made under such an Act — before, on or after the day on which this Division comes into force is to be construed and applied in a manner that is compatible with the rights provided for under this Division.

Marginal note:Primacy in event of inconsistency

• 71.19 (1) If, after the application of sections 71.17 and 71.18, there is any inconsistency between any provision of this Division and any provision of any Act, order, rule or regulation referred to in section 71.18, the provision of this Division prevails to the extent of the inconsistency.

• Marginal note:Exception — Acts, regulations, etc.

  (2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act, the Privacy Act and the Canadian Victims Bill of Rights and in respect of any orders, rules and regulations made under any of those Acts.

Marginal note:No adverse inference

71.2 No adverse inference is to be drawn against a person who is charged with a service offence from the fact that an individual has been identified as a victim in relation to the service offence.

Marginal note:Entering or remaining in Canada

71.21 Nothing in this Division is to be construed so as to permit any individual to

• (a) enter Canada or remain in Canada beyond the end of the period for which they are authorized to so remain;

• (b) delay any removal proceedings or prevent the enforcement of any removal order; or

• (c) delay any extradition proceedings or prevent the extradition of any person to or from Canada.

Remedies

Marginal note:Complaint

• 71.22 (1) Every victim who is of the opinion that any of their rights under this Division have been infringed or denied by an authority within the military justice system has the right to file a complaint in accordance with regulations made by the Governor in Council.

• Marginal note:Complaints mechanism

  (2) Regulations made by the Governor in Council may, among other things, provide for

  • (a) the review of complaints involving alleged infringements or denials of rights under this Division;

  • (b) the power to make recommendations to remedy such infringements and denials; and

  • (c) the obligation to notify victims of the result of those reviews and of any recommendations that were made.

Marginal note:Status

71.23 Nothing in this Division is to be construed as granting to, or removing from, any victim, any individual acting on behalf of a victim or any victim’s liaison officer the status of a party, intervenor or observer in any proceedings.

Marginal note:No cause of action

71.24 No cause of action or right to damages arises from an infringement or denial of a right under this Division. For greater certainty, nothing in this section is to be construed as affecting any other cause of action or right to damages.

Marginal note:No appeal

71.25 No appeal lies from any decision or order solely on the grounds that a right under this Division has been infringed or denied.