Rules of Practice and Procedure of the Chief Military Judge (SOR/2025-46)

Marginal note:Applications referred to in Queen’s Regulations and Orders

• 24 (1) Notice that is given in respect of an application referred to in paragraph 112.04(1) of the Queen’s Regulations and Orders must contain the following information in addition to that required under paragraph 112.04(2) of the Queen’s Regulations and Orders:

  • (a) the proposed time, date and location for the hearing; and

  • (b) the proposed means for conducting the hearing.

• Marginal note:Copy to Court Martial Administrator

  (2) Subject to subsection (3) and in addition to the requirements of paragraph 112.04(1) of the Queen’s Regulations and Orders, a copy of the notice must be provided to the Court Martial Administrator no later than five days before the day on which the hearing is proposed to be held.

• Marginal note:Plea of guilty

  (3) In addition to the requirements of paragraph 112.04(1) of the Queen’s Regulations and Orders, notice that is given in respect of an application for a plea of guilty under subsection 189.1(2) of the Act must be served on the prosecutor and a copy of it provided to the Court Martial Administrator no later than five days before the day on which the accused person is ordered to appear before the court martial.

Marginal note:Written reply to application

• 25 (1) A respondent who makes a written reply to an application must make the reply as set out in Form 6 of the schedule and set out the following information:

  • (a) the respondent’s position with respect to the matters raised in the application, indicating the matters that are at issue, the grounds of argument and those matters which the respondent does not dispute;

  • (b) the documentary, affidavit or other evidence that the respondent intends to present at the hearing of the application; and

  • (c) an estimate of the time required to present the reply to the application.

• Marginal note:Time limit

  (2) The reply must be provided to the Court Martial Administrator and every other party no later than the day before the day on which the application is scheduled to be heard.

Marginal note:Withdrawal of application

26 An applicant who seeks to withdraw their application before it is heard must

• (a) identify that application in a notice of withdrawal as set out in Form 7 of the schedule; and

• (b) provide a copy of the notice of withdrawal to every other party and the Court Martial Administrator before the day on which the application is scheduled to be heard.

Substitution of Prosecutor

Marginal note:Written notice required

27 If the Director of Military Prosecutions substitutes the prosecutor in a proceeding, the Director must provide the Court Martial Administrator with written notice of the substitution as soon as possible after it occurs.

Withdrawal of Counsel for Accused Person

Marginal note:Notice of withdrawal

28 If counsel for the accused withdraws from the proceeding before the court martial is convened, they must

• (a) serve notice of their withdrawal, as set out in Form 8 of the schedule, on the accused person and on the Director of Military Prosecutions; and

• (b) provide a copy of the notice to the Court Martial Administrator, together with proof of service, no later than five days after the day on which service of the notice is effected.

Marginal note:Application to withdraw

• 29 (1) Unless the presiding military judge directs otherwise, if counsel for the accused person seeks to withdraw from the proceeding after the court martial is convened, they must provide the Court Martial Administrator with an application to withdraw as counsel for the accused person, as set out in Form 9 of the schedule, that sets out the following information:

  • (a) the date on which the court martial was convened;

  • (b) the reason why counsel seeks to withdraw from the proceeding;

  • (c) the documentary, affidavit or other evidence that the applicant intends to present at the hearing of the application;

  • (d) an estimate of the time required to present the application;

  • (e) the proposed time, date and location for the hearing; and

  • (f) the proposed means for conducting the hearing.

• Marginal note:Time limits

  (2) Counsel for the accused person must

  • (a) serve the application on the following persons no later than five days before the day on which the application is proposed to be heard:

    • (i) the accused person,

    • (ii) the Director of Military Prosecutions,

    • (iii) if counsel for the accused person was appointed by the Director of Defence Counsel Services, the Director of Defence Counsel Services, and

    • (iv) every other person who is designated as a party to the proceeding; and

  • (b) provide a copy of the application to the Court Martial Administrator, together with proof of service, no later than the day before the day on which the application is proposed to be heard.

• Marginal note:Written reply to application

  (3) A respondent who makes a written reply to an application referred in this section must make the reply in accordance with section 25.

Public Access to Exhibits, Documents and Other Things

Marginal note:Access request — ongoing proceeding

• 30 (1) A member of the public may make a request to the presiding military judge for access to an exhibit, document or other thing connected with an ongoing proceeding, other than information relating to a warrant that is subject to section 196.25 of the Act.

• Marginal note:Request to court reporter

  (2) The request must be made as set out in Form 10 of the schedule and be provided to the court reporter.

• Marginal note:Granting access

  (3) Subject to any conditions that the presiding military judge considers just, the judge must grant access to an exhibit, document or other thing requested under subsection (1) if, after taking the public interest in open and accessible court proceedings into account, the judge concludes that access will not subvert the ends of justice or unduly impair its proper administration.

Coming into Force

Marginal note:Canada Gazette, Part II

31 These Rules come into force on the day on which they are published in the Canada Gazette, Part II.