Government of Canada / Gouvernement du Canada
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National Defence Act

Version of section 165.21 from 2013-06-19 to 2024-04-01:

Marginal note:Appointment

  •  (1) The Governor in Council may appoint any officer who is a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been an officer for at least 10 years to be a military judge.

  • Marginal note:Oath

    (2) Every military judge shall, before commencing the duties of office, take the following oath of office:

    I blank line solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.)

  • Marginal note:Removal for cause

    (3) A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of the Military Judges Inquiry Committee.

  • Marginal note:Ceasing to hold office

    (4) A military judge ceases to hold office on being released at his or her request from the Canadian Forces or on attaining the age of 60 years.

  • Marginal note:Resignation

    (5) A military judge may resign from office by giving notice in writing to the Minister. The resignation takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice.

  • 1998, c. 35, s. 42
  • 2011, c. 22, s. 2
  • 2013, c. 24, s. 41

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