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

Act current to 2013-05-20 and last amended on 2013-02-28. Previous Versions

Marginal note:No liability for acting under this Division

196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3).

  • 2002, c. 13, s. 88.
Marginal note:Destruction of fingerprints, photographs, etc.

196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay

  • (a) if the person is tried by summary trial in respect of that charge; or

  • (b) on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.

  • 2002, c. 13, s. 88.

Division 7

Mental Disorder

Interpretation

Marginal note:Definitions

197. For the purposes of this Division,

“appropriate province”

« province concernée »

“appropriate province” means

  • (a) in respect of a court martial held in Canada, the province in which it is held, or

  • (b) in respect of a court martial held outside Canada, the province with which the Minister makes arrangements for the benefit and welfare of the accused person;

“assessment”

« évaluation »

“assessment” means an assessment of the mental condition of the accused person, and any incidental observation or examination of the accused person;

“medical practitioner”

« médecin »

“medical practitioner” means a person who is entitled to practise medicine by the laws of a province;

“Review Board”

« commission d’examen »

“Review Board” means the Review Board established or designated for a province pursuant to subsection 672.38(1) of the Criminal Code.

  • R.S., 1985, c. N-5, s. 197;
  • 1991, c. 43, s. 18;
  • 1998, c. 35, s. 92.

Fitness to Stand Trial

Marginal note:Presumption of fitness

  • 198. (1) An accused person is presumed fit to stand trial unless the court martial is satisfied on the balance of probabilities that the accused person is unfit to stand trial.

  • Marginal note:Court directs issue to be tried

    (2) Subject to section 199, where at any time after the commencement of a trial by court martial the court martial has reasonable grounds to believe that the accused person is unfit to stand trial, the court martial may direct, of its own motion or on application of the accused person or the prosecutor, that the issue of fitness be tried, and a finding shall be made by the court martial as to whether the accused person is unfit to stand trial.

  • Marginal note:Burden of proof

    (3) An accused person or a prosecutor who makes an application under subsection (2) has the burden of proof that the accused is unfit to stand trial.

  • Marginal note:Order for assessment

    (4) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether the accused person is unfit to stand trial, the court martial may make an order for an assessment of the accused person.

  • Marginal note:Subsequent proceedings

    (5) A finding of unfit to stand trial shall not prevent the accused person from being tried subsequently on the same charge where the accused person becomes fit to stand trial.

  • R.S., 1985, c. N-5, s. 198;
  • 1991, c. 43, s. 18.