National Defence Act (R.S.C., 1985, c. N-5)

Marginal note:Solemn affirmation instead of oath

• 251.1 (1) A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation.

• Marginal note:Effect

  (2) A solemn affirmation has the same force and effect as an oath.

• Marginal note:Prosecutions under the Criminal Code

  (3) An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code, the same force and effect as an oath taken before a civil court.

Marginal note:Witness fees and allowances

251.2 A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievance Board, an Inquiry Committee established for the purpose of subsection 165.1(2) or 165.21(2), the Military Police Complaints Commission, a board of inquiry or a commissioner taking evidence under this Act is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

Definition of “justice”

• 252. (1) For the purposes of this section and sections 253 and 254, “justice” means a justice as defined in the Criminal Code.

• Marginal note:Powers of arrest on reasonable grounds

  (2) Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice.

• Marginal note:Issue of warrant

  (3) A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or absentee without leave to be apprehended and brought forthwith before that or any other justice.

• Marginal note:Justice’s power to examine into case

  (4) Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence.

Marginal note:Disposal of person brought before justice

• 253. (1) A justice, if satisfied either by evidence on oath or by the admission of a person brought before the justice under section 252 that the person is a deserter or absentee without leave, shall cause him to be delivered into service custody in such manner as the justice may deem most expedient and, until the person can be so delivered, the justice may cause the person to be held in civil custody for such time as appears to the justice reasonably necessary for the purpose of delivering the person into service custody.

• Marginal note:Verification of admission

  (2) Where a person has admitted to being a deserter or absentee without leave and evidence of the truth or falsehood of the admission is not then forthcoming, the justice before whom the person is brought shall remand him for the purpose of obtaining information respecting the truth or falsehood of the admission and, for that purpose, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

• Marginal note:Remands

  (3) A justice before whom a person is brought under section 252 may from time to time remand him for a period not exceeding eight days on each appearance before the justice, but the whole period during which a person is so remanded shall not be longer than appears to the justice reasonably necessary for the purpose of obtaining the information referred to in subsection (2).

• Marginal note:Report following disposal

  (4) Where a justice before whom a person is brought under section 252 causes him to be delivered into service custody or to be held in civil custody, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.