177. [Repealed, 2008, c. 29, s. 12]
178. [Repealed, 2008, c. 29, s. 12]
Marginal note:Courts martial
179. (1) A court martial has the same powers, rights and privileges as are vested in a superior court of criminal jurisdiction with respect to
(a) the attendance, swearing and examination of witnesses;
(b) the production and inspection of documents;
(c) the enforcement of its orders; and
(d) all other matters necessary or proper for the due exercise of its jurisdiction, including the power to punish for contempt.
Marginal note:Military judges
(2) Subsection (1) applies to a military judge performing a judicial duty under this Act other than presiding at a court martial.
- R.S., 1985, c. N-5, s. 179;
- R.S., 1985, c. 31 (1st Supp.), s. 56;
- 1998, c. 35, s. 42.
Admission to Courts Martial
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.
(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.
(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.
- R.S., 1985, c. N-5, s. 180;
- 1992, c. 16, s. 8;
- 1998, c. 35, s. 43;
- 2001, c. 41, s. 101.
Rules of Evidence
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.
(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.
- R.S., c. N-4, s. 158.
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