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

Act current to 2012-05-02 and last amended on 2012-03-16. Previous Versions

Marginal note:Composition

  • 167. (1) A General Court Martial is composed of a military judge and a panel of five members.

  • Marginal note:Rank of senior member

    (2) The senior member of the panel must be an officer of or above the rank of colonel.

  • Marginal note:Rank for trial of officer

    (3) If the accused person is an officer, all of the members of the panel must be officers.

  • Marginal note:Ranks for trial of brigadier-general or above

    (4) If the accused person is of or above the rank of brigadier-general, the senior member of the panel must be an officer of or above the rank of the accused person and the other members of the panel must be of or above the rank of colonel.

  • Marginal note:Rank for trial of colonel

    (5) If the accused person is of the rank of colonel, all of the members of the panel, except the senior member, must be of or above the rank of lieutenant-colonel.

  • Marginal note:Rank for trial of lieutenant-colonel

    (6) If the accused person is of the rank of lieutenant-colonel, at least two of the members of the panel must be of or above the rank of lieutenant-colonel.

  • Marginal note:Rank for trial of non-commissioned member

    (7) If the accused person is a non-commissioned member, two non-commissioned members who are of the rank of warrant officer or above must be appointed as members of the panel and the other three members must be officers.

  • R.S., 1985, c. N-5, s. 167;
  • 1992, c. 16, s. 3;
  • 1998, c. 35, s. 42.
Marginal note:Ineligibility to serve

168. None of the following persons may sit as a member of the panel of a General Court Martial:

  • (a) an officer or non-commissioned member who is a lawyer or notary;

  • (b) a witness for the prosecution or the accused person;

  • (c) the commanding officer of the accused person;

  • (d) an officer or non-commissioned member appointed for the purposes of section 156;

  • (e) an officer below the rank of captain;

  • (f) any person who, before the court martial, participated in any investigation respecting the matters on which a charge against the accused person is founded; or

  • (g) an officer or non-commissioned member of any armed force who is attached, seconded or on loan to the Canadian Forces.

  • R.S., 1985, c. N-5, s. 168;
  • 1992, c. 16, s. 4;
  • 1998, c. 35, s. 42.

169. [Repealed, 2008, c. 29, s. 10]

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170. [Repealed, 2008, c. 29, s. 10]

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