Marginal note:Definitions

4. In this Part,

“court”

« tribunal »

“court” includes a General Court Martial and a Standing Court Martial convened under the National Defence Act;

“offence”

« infraction »

“offence” means any act or omission that is an offence under the Criminal Code or any other Act of Parliament or that is a grave breach referred to in section 3;

“prisoners’ representative”

« représentant »

“prisoners’ representative”, in relation to a protected prisoner of war, means the person elected or recognized as that prisoner’s representative pursuant to Article 79 of the Geneva Convention set out in Schedule III;

“protected internee”

« interné protégé »

“protected internee” means a person interned in Canada who is protected by the Geneva Convention set out in Schedule IV;

“protected prisoner of war”

« prisonnier de guerre protégé »

“protected prisoner of war” means a prisoner of war who is protected by the Geneva Convention set out in Schedule III;

“protecting power”

« puissance protectrice »

“protecting power” means

• (a) in relation to a protected prisoner of war, the country or organization that is carrying out, in the interests of the country of which that prisoner is a national or of whose forces that prisoner is or was a member at the time of his being taken prisoner of war, the duties assigned to protecting powers under the Geneva Convention set out in Schedule III, and

• (b) in relation to a protected internee, the country or organization that is carrying out, in the interests of the country of which that internee is or was a national at the time of his internment, the duties assigned to protecting powers under the Geneva Convention set out in Schedule IV.

Marginal note:Notice of trial of protected persons

• 5. (1) The court before which

  • (a) a protected prisoner of war is brought for trial for an offence, or

  • (b) a protected internee is brought for trial for an offence for which that court has power to sentence that internee to death or to imprisonment for a term of two years or more,

  shall not proceed with the trial until it is proved to the satisfaction of the court that written notice of the trial containing, where known to the prosecutor, the information mentioned in subsection (2) has been given to the accused and the accused’s protecting power, not less than three weeks before the commencement of the trial, and, where the accused is a protected prisoner of war, to his prisoners’ representative.

• Marginal note:Contents of notice

  (2) The notice referred to in subsection (1) shall state

  • (a) the full name and a description of the accused, including his date of birth, profession or trade and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;

  • (b) the place of detention, internment or residence of the accused;

  • (c) the offence with which the accused is charged; and

  • (d) the court before which the trial of the accused is to take place and the time and place appointed for the trial.