National Defence Act

Marginal note:Hearing in private

• 180.04 (1) The military judge shall hold a hearing in private to determine whether to order the person who has possession or control of the record or therapeutic record to produce it to the military judge for review.

• Marginal note:Persons who may appear at hearing

  (2) The person who has possession or control of the record or therapeutic record, the complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.

• Marginal note:Right to counsel

  (3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.

• Marginal note:Costs

  (4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.