Marginal note:Time for appeal from sentence of death or imprisonment for two years or more
6. (1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years or more, the time allowed for an appeal against the conviction or sentence or against the decision of a court of appeal not to allow, dismiss or quash the conviction or sentence shall run from the day on which the protecting power has been notified of the conviction and sentence by
(a) an officer of the Canadian Forces, in the case of a protected prisoner of war; or
(b) the Minister of Foreign Affairs, in the case of a protected internee.
Marginal note:Sentence of death not to be executed before notice given
(2) Notwithstanding anything in this Act or any other Act, where a protected prisoner of war or a protected internee has been sentenced to death by a court, the sentence shall not be executed before the expiration of six months from the date on which the protecting power is given notice in writing thereof by the appropriate person referred to in paragraph (1)(a) or (b), which notice shall contain
(a) a precise wording of the finding and sentence;
(b) a summary of any preliminary investigation and of the trial and, in particular, of the elements of the prosecution and defence; and
(c) a copy of any order denying pardon or reprieve to that person.
- R.S., 1985, c. G-3, s. 6;
- 1995, c. 5, s. 25.
Marginal note:Prisoner of war subject to Code of Service Discipline
7. (1) Every prisoner of war is subject to the Code of Service Discipline as defined in section 2 of the National Defence Act and every prisoner of war who is alleged to have committed an offence referred to in subsection 3(1) shall be deemed to have been subject to the Code of Service Discipline at the time the offence was alleged to have been committed.
Marginal note:Under command of unit having custody
(2) A prisoner of war described in subsection (1) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of such unit or other element of the Canadian Forces as may be holding that prisoner in custody.
- R.S., 1985, c. G-3, s. 7;
- 1990, c. 14, s. 4.
Marginal note:Regulations respecting prisoners of war
8. Subject to this Act, the Minister of National Defence may make such regulations as the Minister deems necessary respecting prisoners of war held by the Canadian Forces, including regulations to carry out and give effect to the provisions of the Geneva Convention set out in Schedule III respecting protected prisoners of war.
- R.S., c. G-3, s. 8.
Marginal note:Certificate of Minister of Foreign Affairs
9. A certificate issued by or under the authority of the Minister of Foreign Affairs stating that at a certain time a state of war or of international or non-international armed conflict existed between the states named therein or in any state named therein is admissible in evidence in any proceedings for an offence referred to in this Act without proof of the signature or authority of the person appearing to have issued it and is proof of the facts so stated.
- R.S., 1985, c. G-3, s. 9;
- 1990, c. 14, s. 5;
- 1995, c. 5, s. 25.
- Date modified: