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

Marginal note:Insubordinate behaviour

85. Every person who uses threatening or insulting language to, or behaves with contempt toward, a superior officer is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment.

Marginal note:Quarrels and disturbances

86. Every person who

• (a) quarrels or fights with any other person who is subject to the Code of Service Discipline, or

• (b) uses provoking speeches or gestures toward a person so subject that tend to cause a quarrel or disturbance,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:Resisting or escaping from arrest or custody

87. Every person who

• (a) being concerned in a quarrel, fray or disorder,

  • (i) refuses to obey an officer, though of inferior rank, who orders the person into arrest, or

  • (ii) strikes or uses or offers violence to any such officer,

• (b) strikes or uses or offers violence to any other person in whose custody he is placed, whether or not that other person is his superior officer and whether or not that other person is subject to the Code of Service Discipline,

• (c) resists an escort whose duty it is to apprehend him or to have him in charge, or

• (d) breaks out of barracks, station, camp, quarters or ship,

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Marginal note:Offence

• 88. (1) Every person who deserts or attempts to desert is guilty of an offence and on conviction, if the person committed the offence on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.

• Marginal note:Definition

  (2) A person deserts who

  • (a) being on or having been warned for active service, duty during an emergency or other important service, is absent without authority with the intention of avoiding that service;

  • (b) having been warned that his vessel is under sailing orders, is absent without authority with the intention of missing that vessel;

  • (c) absents himself without authority from his place of duty with the intention of remaining absent from his place of duty;

  • (d) is absent without authority from his place of duty and at any time during such absence forms the intention of remaining absent from his place of duty; or

  • (e) while absent with authority from his place of duty, with the intention of remaining absent from his place of duty, does any act or omits to do anything the natural and probable consequence of which act or omission is to preclude the person from being at his place of duty at the time required.

• Marginal note:Presumption of desertion

  (3) A person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of remaining absent from his place of duty.