R.S., c. N-5National Defence Act (continued)
37 Section 230 of the Act is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) 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).
38 Section 230.1 of the Act is amended by striking out “or” at the end of paragraph (g), by adding “or” after paragraph (h) and by adding the following after paragraph (h):
(i) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1).
Marginal note:1991, c. 43, s. 28
39 Section 242 of the Act is replaced by the following:
Marginal note:Powers to suspend new punishment
242 If a punishment included in a sentence has been dealt with under subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the new punishment is subject to suspension in the same manner and to the same extent as if it had been imposed by the court martial that tried the appellant.
40 Section 248.3 of the Act is renumbered as subsection 248.3(1) and is amended by adding the following:
Marginal note:Consideration of victim’s safety and security
(2) If the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, directs that the person be released, the court martial, military judge or judge shall include in the direction a statement that the safety and security of every victim of the alleged offence has been considered.
Marginal note:Copy to victim
(3) The court martial, military judge or judge, as the case may be, shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim.
Marginal note:1998, c. 35, s. 82
41 Division 11 of Part III of the Act is replaced by the following:
DIVISION 11Petition for New Trial
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.
Marginal note:Royal prerogative
249.1 Nothing in this Division in any manner limits or affects Her Majesty’s royal prerogative of mercy.
Marginal note:1998, c. 35, s. 82
42 Section 249.24 of the Act is replaced by the following:
Marginal note:Force and effect
249.24 If a new punishment is substituted for a punishment imposed by a court martial, the new punishment has force and effect as if it had been imposed by the court martial in the first instance and the provisions of the Code of Service Discipline apply accordingly. However, if the new punishment involves incarceration, the term of the new punishment is to be reckoned from the date of substitution.
Marginal note:1998, c. 35, s. 82
43 The portion of section 251 of the Act before paragraph (b) is replaced by the following:
251 At summary hearings and courts martial, and at proceedings before a military judge, board of inquiry or commissioner taking evidence under this Act, an oath must be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council:
(a) the officer conducting the summary hearing;
Marginal note:2013, c. 24, s. 104
44 Paragraph 302(d) of the Act is replaced by the following:
(d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or
45 The Act is amended by adding the following after section 302:
Marginal note:Publication prohibited
303 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under section 180.03;
(b) any evidence taken, information given or submissions made at a hearing under subsection 180.04(1) or 180.06(2);
(c) the determination of a military judge in respect of the making of an order under subsection 180.05(1) or 180.07(1) and the reasons provided under section 180.08, unless the military judge, after taking into account the interests of military justice and the right to privacy of the person to whom the record relates, orders that the determination and the reasons may be published, broadcast or transmitted.
(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Marginal note:Definition of record
(3) In this section, record has the same meaning as in section 180.01.
Marginal note:Failure to comply — orders under sections 183.5 and 183.6
303.1 (1) Every person who fails to comply with an order made under section 183.5 or 183.6 is guilty of an offence punishable on summary conviction.
Marginal note:Application of order
(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or military justice system participant whose identity is protected by the order.
Marginal note:Replacement of “service tribunal”
46 The Act is amended by replacing every reference to “service tribunal” with a reference to “court martial” in the following provisions:
(a) section 121;
(b) subsection 132(2);
(c) subsection 145(2);
(d) section 149;
(e) paragraph 202.14(2)(c);
(f) subsection 204(1);
(g) subsection 226(2); and
(h) subsections 249.25(1), (2) and (4).
R.S., c. C-46Related Amendments to the Criminal Code
Marginal note:2001, c. 32, s. 11
(b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or
(2) Section 423.1 of the Act is amended by adding the following after subsection (3):
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