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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Defence Counsel Services

Marginal note:Appointment

  • 249.18 (1) The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Defence Counsel Services.

  • Marginal note:Tenure of office

    (2) The Director of Defence Counsel Services holds office during good behaviour for a term not exceeding four years.

  • Marginal note:Re-appointment

    (3) The Director of Defence Counsel Services is eligible to be re-appointed on the expiration of a first or subsequent term of office.

  • 1998, c. 35, s. 82.
Marginal note:Duties and functions

249.19 The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline.

  • 1998, c. 35, s. 82.
Marginal note:Relationship to Judge Advocate General

  • 249.2 (1) The Director of Defence Counsel Services acts under the general supervision of the Judge Advocate General.

  • Marginal note:General instructions

    (2) The Judge Advocate General may issue general instructions or guidelines in writing in respect of defence counsel services.

  • Marginal note:Instructions must be public

    (3) The Director of Defence Counsel Services shall ensure that the general instructions and guidelines are available to the public.

  • 1998, c. 35, s. 82.
Marginal note:Barristers and advocates to assist

  • 249.21 (1) The Director of Defence Counsel Services may be assisted by persons who are barristers or advocates with standing at the bar of a province.

  • Marginal note:Counsel

    (2) The Director of Defence Counsel Services may engage on a temporary basis the services of counsel to assist the Director of Defence Counsel Services.

  • Marginal note:Remuneration

    (3) The Director of Defence Counsel Services may, subject to any applicable Treasury Board directives, establish the terms and conditions of engagement and fix the remuneration and expenses of counsel engaged under subsection (2).

  • 1998, c. 35, s. 82.

Witnesses at Courts Martial and before Commissioners

Marginal note:Summonses to witnesses

  • 249.22 (1) Every person required to give evidence before a court martial may be summoned by a military judge, the Court Martial Administrator or the court martial.

  • Marginal note:Summonses to witnesses

    (2) Every person required to give evidence before a commissioner taking evidence under this Act may be summoned by a military judge, the Court Martial Administrator or the commissioner.

  • Marginal note:Production of documents

    (3) A person summoned under this section may be required to bring and produce at the court martial or before the commissioner taking evidence under this Act any documents in the possession or under the control of the person that relate to the matters in issue.

  • 1998, c. 35, s. 82.