Government of Canada / Gouvernement du Canada
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National Defence Act

Version of section 234 from 2003-01-01 to 2003-07-01:

Marginal note:Court established

  •  (1) There is hereby established a Court Martial Appeal Court of Canada, which shall hear and determine all appeals referred to it under this Division.

  • Marginal note:Judges

    (2) The judges of the Court Martial Appeal Court are not less than four judges of the Federal Court to be designated by the Governor in Council and such additional judges of a superior court of criminal jurisdiction as are appointed by the Governor in Council.

  • Marginal note:Chief Justice

    (3) The Governor in Council shall designate one of the judges of the Court Martial Appeal Court to be the Chief Justice thereof, who shall preside, when present, at any sittings of the Court and shall, subject to subsection (4), appoint another judge to preside at any sittings of the Court at which the Chief Justice is not present.

  • Marginal note:Absence or incapacity of Chief Justice

    (4) Where the office of Chief Justice is vacant, or the Chief Justice is absent from Canada or is unable or unwilling to act, his powers shall be exercised and his duties performed by the senior judge who is in Canada and is able and willing to Act.

  • R.S., 1985, c. N-5, s. 234
  • 1998, c. 35, s. 92

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