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Marginal note:Order to produce

• 180.07 (1) If the military judge is satisfied that the record or a part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record or the part of the record, as the case may be, be produced to the accused person, subject to any conditions that may be imposed under subsection (3).

• Marginal note:Factors to be considered

  (2) In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, the military judge shall take the factors specified in paragraphs 180.05(2)(a) to (h) into account.

• Marginal note:Conditions on production

  (3) The military judge who orders the production of the record or a part of the record to the accused person, may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including the following conditions:

  • (a) the record is to be edited as directed by the military judge;

  • (b) a copy of the record, rather than the original, is to be produced;

  • (c) the accused person and counsel for the accused person are not to disclose the contents of the record to any other person, except with the approval of the military judge;

  • (d) the record is to be viewed only at a location specified by the military judge;

  • (e) no copies of the record are to be made or only the number of copies specified by the military judge may be made; and

  • (f) information regarding any person named in the record, such as their address, telephone number and place of employment, is to be severed from the record.

• Marginal note:Copy to prosecutor

  (4) If the military judge orders the production of the record or a part of the record to the accused person, the military judge shall direct that a copy of the record or the part of the record, as the case may be, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so.

• Marginal note:Record not used in other proceedings

  (5) The record or the part of the record that is produced to the accused person under an order made under subsection (1) must not be used in any other disciplinary, criminal, civil or administrative proceedings.

• Marginal note:Retention of record by court

  (6) If the military judge refuses to order the production of the record or a part of the record to the accused person, the record or the part of the record, as the case may be, must, unless the military judge orders otherwise, be kept by the military judge in a sealed package until the later of the expiry of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or the part of the record must be returned to the person lawfully entitled to possession or control of it.

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227 The following definitions apply in this Division.

designated offence

designated offence  means

• (a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

• (b) an offence within the meaning of paragraph (b) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

finding of not responsible on account of mental disorder

finding of not responsible on account of mental disorder  includes a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code. (verdict de non-responsabilité pour cause de troubles mentaux)

pardon

pardon  means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon)

record suspension

record suspension  means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

Review Board

Review Board  means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code. (commission d’examen)

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Marginal note:Application for termination order

• 227.12 (1) A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to

  • (a) an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act that began later; or

  • (b) an order under section 227.01 of this Act or section 490.012 of the Criminal Code that began later.

• [...]

• Marginal note:More than one offence

  (3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code.

• Marginal note:Pardon or record suspension

  (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

• Marginal note:Re-application

  (5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.

• Marginal note:Jurisdiction

  (6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.026 of the Criminal Code.

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Marginal note:Production of record to accused

• 180.02 (1) Except in accordance with sections 180.03 to 180.08, no record relating to a complainant or a witness shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:

  • (a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code;

  • (b) any offence under the Criminal Code, as it read at any time before the day on which this paragraph comes into force, if the conduct alleged involved a violation of the complainant’s sexual integrity and would be an offence referred to in paragraph (a) if it had occurred on or after that day.

• Marginal note:Application of provisions

  (2) Section 180.01, this section and sections 180.03 to 180.08 and 303 apply in respect of a record relating to the complainant or a witness that is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness, as the case may be, has expressly waived the application of those sections.

• Marginal note:Duty of prosecutor to give notice

  (3) In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that the record is in the prosecutor’s possession or control, but, in doing so, the prosecutor shall not disclose the record’s contents.

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Marginal note:Application for termination order

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• Marginal note:Pardon or record suspension

  (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

• Marginal note:Scope of application

  (4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

• Marginal note:Re-application

  (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.

• Marginal note:Jurisdiction

  (6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.015 of the Criminal Code.

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