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

Marginal note:Choice of accused

• 165.193 (1) An accused person may choose to be tried by General Court Martial or Standing Court Martial if a charge is preferred and sections 165.191 and 165.192 do not apply.

• Marginal note:Notification

  (2) The Court Martial Administrator shall cause the accused person to be notified in writing that he or she may make a choice under subsection (1).

• Marginal note:Failure to make choice

  (3) If the accused person fails to notify the Court Martial Administrator in writing of his or her choice within 14 days after the day on which the accused person is notified under subsection (2), the accused person is deemed to have chosen to be tried by General Court Martial.

• Marginal note:New choice — as of right

  (4) The accused person may, not later than 30 days before the date set for the commencement of the trial, make a new choice once as of right, in which case he or she shall notify the Court Martial Administrator in writing of the new choice.

• Marginal note:New choice — with consent

  (5) The accused person may also, with the written consent of the Director of Military Prosecutions, make a new choice at any time, in which case he or she shall notify the Court Martial Administrator in writing of the new choice.

• Marginal note:Two or more accused

  (6) If charges are preferred jointly and all of the accused persons do not choose — or are not deemed to have chosen — to be tried by the same type of court martial, they must be tried by a General Court Martial.

• Marginal note:Convening of court martial

  (7) The Court Martial Administrator shall convene a General Court Martial or Standing Court Martial in accordance with this section.

Marginal note:Acting Court Martial Administrator

165.2 The duties and functions of the Court Martial Administrator may be performed by any person authorized by the Court Martial Administrator.

Marginal note:Appointment

• 165.21 (1) The Governor in Council may appoint officers who are barristers or advocates of at least ten years standing at the bar of a province to be military judges.

• Marginal note:Removal for cause

  (2) A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.

• Marginal note:Powers of Inquiry Committee

  (2.1) The Inquiry Committee is deemed to have the powers of a court martial.

• Marginal note:Ceasing to hold office

  (3) 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

  (4) 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.