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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Marginal note:Copy to accused

185. The accused person shall, at least twenty-four hours before it is admitted at the court martial, be furnished without charge with a copy of the document referred to in subsection 184(2).

  • R.S., c. N-4, s. 161.

Objections

Marginal note:Objections

  • 186. (1) When a court martial is assembled, the names of the military judge and the members, if any, must be read to the accused person and the prosecutor, who shall then be asked if they object to the constitution of the court martial and, in the event of an objection, the decision as to whether to allow the objection is to be made in accordance with the procedure prescribed in regulations.

  • Marginal note:Replacements

    (2) The procedure for the replacement of a person in respect of whom an objection has been allowed shall be as prescribed in regulations.

  • R.S., 1985, c. N-5, s. 186;
  • 1998, c. 35, s. 46.

Preliminary Proceedings

Marginal note:Preliminary proceedings

187. At any time after a charge has been preferred but before the commencement of the trial, any question, matter or objection in respect of the charge may, on application, be heard and determined by a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial.

  • R.S., 1985, c. N-5, s. 187;
  • 1992, c. 16, s. 9;
  • 1998, c. 35, s. 46;
  • 2008, c. 29, s. 13.
Previous Version

Amendment of Charges

Marginal note:Amendment if defence not prejudiced

  • 188. (1) Where it appears to a court martial that there is a technical defect in a charge that does not affect the substance of the charge, the court martial, if of the opinion that the conduct of the accused person’s defence will not be prejudiced by an amendment of the charge, shall make the order for the amendment of the charge that it considers necessary to meet the circumstances of the case.

  • Marginal note:Adjournment on amendment of charge

    (2) Where a charge is amended by a court martial, the court martial shall, if the accused person so requests, adjourn its proceedings for any period that it considers necessary to enable the accused person to meet the charge so amended.

  • Marginal note:Minute of amendment

    (3) Where a charge is amended by a court martial, a minute of the amendment shall be endorsed on the charge sheet.

  • R.S., 1985, c. N-5, s. 188;
  • 1998, c. 35, s. 46.

Adjournments

Marginal note:Adjournment

189. A court martial may adjourn its proceedings whenever the court martial considers adjournment desirable.

  • R.S., 1985, c. N-5, s. 189;
  • 1998, c. 35, s. 46.