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

Marginal note:Authorization

227.21 The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf.

  • 2007, c. 5, s. 4.

Division 9

Appeals

General Provisions

Definition of “legality” and “illegal”

228. For the purposes of this Division, the expressions “legality” and “illegal” shall be deemed to relate either to questions of law alone or to questions of mixed law and fact.

  • R.S., 1985, c. N-5, s. 228;
  • 1998, c. 35, s. 92.

229. [Repealed, 1998, c. 35, s. 67]

Right to Appeal

Marginal note:Appeal by person tried

230. Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:

  • (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;

  • (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;

  • (b) the legality of any finding of guilty;

  • (c) the legality of the whole or any part of the sentence;

  • (d) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;

  • (e) the legality of a disposition made under section 201, 202 or 202.16;

  • (f) the legality of a decision made under any of subsections 196.14(1) to (3); or

  • (g) the legality of a decision made under subsection 227.01(2).

  • R.S., 1985, c. N-5, s. 230;
  • 1991, c. 43, s. 21;
  • 2000, c. 10, s. 2;
  • 2007, c. 5, s. 5, c. 22, s. 45;
  • 2010, c. 17, s. 58;
  • 2011, c. 5, s. 8.
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Marginal note:Appeal by Minister

230.1 The Minister, or counsel instructed by the Minister for that purpose, has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:

  • (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;

  • (a.1) the decision not to make an order under subsection 745.51(1) of the Criminal Code;

  • (b) the legality of any finding of not guilty;

  • (c) the legality of the whole or any part of the sentence;

  • (d) the legality of a decision of a court martial that terminates proceedings on a charge or that in any manner refuses or fails to exercise jurisdiction in respect of a charge;

  • (e) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;

  • (f) the legality of a disposition made under section 201, 202 or 202.16;

  • (f.1) the legality of an order for a stay of proceedings made under subsection 202.121(7);

  • (g) the legality of a decision made under any of subsections 196.14(1) to (3); or

  • (h) the legality of a decision made under subsection 227.01(2).

  • 1991, c. 43, s. 21;
  • 2000, c. 10, s. 3;
  • 2005, c. 22, s. 59;
  • 2007, c. 5, s. 6, c. 22, s. 46;
  • 2010, c. 17, s. 59;
  • 2011, c. 5, s. 9.
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