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National Defence Act

Version of section 230.1 from 2011-12-02 to 2018-08-31:

Marginal note:Appeal by Minister

 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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