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

Marginal note:Trials public

• 180. (1) Subject to subsections (2) and (3), courts martial shall be public and, to the extent that accommodation permits, the public shall be admitted to the proceedings.

• Marginal note:Exception

  (2) A court martial may order that the public be excluded during the whole or any part of its proceedings if the court martial considers that it is necessary

  • (a) in the interests of public safety, defence or public morals;

  • (b) for the maintenance of order or the proper administration of military justice; or

  • (c) to prevent injury to international relations.

• Marginal note:Witnesses

  (3) Witnesses are not to be admitted to the proceedings of a court martial except when under examination or by specific leave of the court martial.

• Marginal note:Clearing court

  (4) For the purpose of any deliberation, a court martial may cause the place where the proceedings are being held to be cleared.

Marginal note:Regulations to establish rules

• 181. (1) Subject to this Act, the rules of evidence at trials by court martial shall be such as are established by regulations made by the Governor in Council.

• Marginal note:Publication

  (2) No regulation made under this section is effective until it has been published in the Canada Gazette and every such regulation shall be laid before Parliament within fifteen days after it is made or, if Parliament is not then in session, within fifteen days after the commencement of the next ensuing session.

Marginal note:Admission of documents and records

• 182. (1) Such classes of documents and records as are prescribed in regulations made by the Governor in Council may be admitted, as evidence of the facts therein stated, at trials by court martial or in any proceedings before civil courts arising out of those trials, and the conditions governing the admissibility of those classes of documents and records or copies thereof shall be as prescribed in those regulations.

• Marginal note:Statutory declarations admissible, subject to conditions

  (2) A court martial may receive, as evidence of the facts therein stated, statutory declarations made in the manner prescribed by the Canada Evidence Act, subject to the following conditions:

  • (a) where the declaration is one that the prosecutor wishes to introduce, a copy shall be served on the accused person at least seven days before the trial;

  • (b) where the declaration is one that the accused person wishes to introduce, a copy shall be served on the prosecutor at least three days before the trial; and

  • (c) at any time before the trial, the party served with a copy of the declaration pursuant to paragraph (a) or (b) may notify the opposite party that the party so served will not consent to the declaration being received by the court martial, and in that event the declaration shall not be received.