National Defence Act (R.S.C., 1985, c. N-5)

Marginal note:Powers to mitigate, commute, remit and suspend new punishment

242. Where a punishment included in a sentence has been dealt with pursuant to subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the new punishment is subject to mitigation, commutation, remission or suspension in the same manner and to the same extent as if it had been imposed by the court martial that tried the appellant.

Marginal note:Appeal deemed abandoned

243. Where a review of a disposition in respect of which an appeal is taken under paragraph 230(e) by any person is commenced under the review provisions of the Criminal Code by that person, the appeal shall be deemed to have been abandoned.

Marginal note:Chief Justice may make rules

• 244. (1) The Chief Justice of the Court Martial Appeal Court may, with the approval of the Governor in Council, make rules respecting

  • (a) the seniority of members of the Court for the purpose of presiding at appeals;

  • (b) the practice and procedure to be observed at hearings;

  • (c) the conduct of appeals;

  • (c.1) the conduct of reviews of directions made under Division 3;

  • (d) the production of the minutes of the proceedings of any court martial in respect of which an appeal is taken;

  • (e) the production of all other documents and records relating to an appeal;

  • (f) the extent to which new evidence may be introduced;

  • (g) the circumstances in which, on the hearing of an appeal, the appellant may attend or appear before the Court;

  • (h) the provision for and the payment of fees of counsel for an appellant or a respondent, other than the Minister;

  • (h.1) the awarding and regulating of costs in the Court in favour of or against appellants and respondents; and

  • (i) the circumstances in which an appeal may be considered to be abandoned for want of prosecution, and the summary disposition by the Court of such appeals and of appeals showing no substantial grounds.

• Marginal note:Publication

  (2) No rule made under this section has effect until it has been published in the Canada Gazette.

Marginal note:Appeal by person tried

• 245. (1) A person subject to the Code of Service Discipline may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court

  • (a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or

  • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

• Marginal note:Appeal by Minister

  (2) The Minister, or counsel instructed by the Minister for that purpose, may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court

  • (a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or

  • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

• Marginal note:Hearing and determination by Supreme Court of Canada

  (3) The Supreme Court of Canada, in respect of the hearing and determination of an appeal under this section, has the same powers, duties and functions as the Court Martial Appeal Court has under this Act, and sections 238 to 242 apply with such adaptations and modifications as the circumstances require.

• Marginal note:When appeal deemed abandoned

  (4) An appeal to the Supreme Court of Canada that is not brought on for hearing by the appellant at the session of the Supreme Court of Canada during which the judgment appealed from was pronounced by the Court Martial Appeal Court, or at the next session of the Supreme Court of Canada, shall be deemed to be abandoned, unless otherwise ordered by the Supreme Court of Canada or a judge thereof.