PART III

CODE OF SERVICE DISCIPLINE

DIVISION 1

DISCIPLINARY JURISDICTION OF THE CANADIAN FORCES

Application

19. Subparagraphs 60(1)(c)(iv) and (v) of the Act are replaced by the following:

      (v) called out under Part VI in aid of the civil power,

R.S., c. 31 (1st Supp.), s. 45

20. Subsections 66(1) and (2) of the Act are replaced by the following:

Autrefois acquit and autrefois convict

66. (1) A person may not be tried or tried again in respect of an offence or any other substantially similar offence arising out of the facts that gave rise to the offence if , while subject to the Code of Service Discipline in respect of that offence, or if , while liable to be charged, dealt with and tried under the Code in respect of that offence, the person

    (a) has been found not guilty by a service tribunal, civil court or court of a foreign state on a charge of having committed that offence; or

    (b) has been found guilty by a service tribunal, civil court or court of a foreign state on a charge of having committed that offence and has been punished in accordance with the sentence.

Exception

(2) Nothing in subsection (1) affects the validity of a new trial held pursuant to section 249.11 or 249.16 or a new trial directed by a court having jurisdiction to do so.

1990, c. 14, s. 7; 1991, c. 43, s. 12; 1993, c. 34, s. 92

21. Section 69 of the Act and the heading before it are replaced by the following:

Period of Liability

When person is liable

69. A person who is subject to the Code of Service Discipline at the time of the alleged commission of a service offence may be charged, dealt with and tried at any time under the Code, subject to the following:

    (a) if the service offence is punishable under section 130 or 132 and the act or omission that constitutes the service offence would have been subject to a limitation period had it been dealt with other than under the Code, that limitation period applies; and

    (b) the person may not be tried by summary trial unless the trial begins before the expiry of one year after the day on which the service offence is alleged to have been committed.

22. Section 70 of the Act is amended by adding the word ``or'' at the end of paragraph (b) and by replacing paragraphs (c) to (f) with the following:

    (c) an offence under any of sections 280 to 283 of the Criminal Code.

23. The headings before section 72 of the Act are replaced by the following:

DIVISION 2

SERVICE OFFENCES AND PUNISHMENTS

Responsibility for Offences

24. The portion of section 73 of the Act after paragraph (g) is replaced by the following:

is guilty of an offence and on conviction, if the officer acted traitorously, shall be sentenced to imprisonment for life , if the officer acted from cowardice, is liable to imprisonment for life or less punishment, and in any other case, is liable to dismissal with disgrace from Her Majesty's service or to less punishment.

25. The portion of section 74 of the Act after paragraph (j) is replaced by the following:

is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life , and in any other case, is liable to imprisonment for life or to less punishment.

26. The portion of section 75 of the Act after paragraph (j) is replaced by the following:

is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life , and in any other case, is liable to imprisonment for life or to less punishment.

27. The portion of section 76 of the Act after paragraph (c) is replaced by the following:

is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life , and in any other case, is liable to imprisonment for life or to less punishment.

28. Sections 78 to 80 of the Act are replaced by the following:

Offence of being spy

78. Every person who spies for the enemy is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.

Mutiny

Mutiny with violence

79. Every person who joins in a mutiny that is accompanied by violence is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment.

Mutiny without violence

80. Every person who joins in a mutiny that is not accompanied by violence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding fourteen years or to less punishment or, in the case of a ringleader of the mutiny, to imprisonment for life or to less punishment.

29. The Act is amended by adding the following after section 101:

Failure to comply with conditions

101.1 Every person who, without lawful excuse, fails to comply with a condition imposed under Division 3, or a condition of an undertaking given under Division 3 or 10, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

30. Section 105 of the Act is repealed.

31. Paragraph 117(b) of the Act is replaced by the following:

    (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces,

32. The heading before section 118 and sections 118 and 119 of the Act are replaced by the following:

Offences in relation to Tribunals

Definition of ``tribunal''

118. (1) For the purposes of this section and section 119, ``tribunal'' includes, in addition to the tribunals referred to in the definition ``service tribunal'' in section 2, the Grievance Board, the Military Police Complaints Commission , a board of inquiry and a commissioner taking evidence under this Act.

Contempt

(2) Every person who

    (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance ,

    (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made,

    (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person,

    (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer,

    (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or

    (f) commits any other contempt of a tribunal

is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Failure to appear or attend

118.1 Every person who, being duly summoned or ordered to appear as an accused before a service tribunal, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

False evidence

119. Every person who, when examined on oath or solemn affirmation before a tribunal, knowingly gives false evidence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment.

33. (1) Paragraphs 130(1)(a) and (b) of the Act are replaced by the following:

    (a) that takes place in Canada and is punishable under Part VII , the Criminal Code or any other Act of Parliament, or

    (b) that takes place outside Canada and would, if it had taken place in Canada, be punishable under Part VII , the Criminal Code or any other Act of Parliament,

(2) Subparagraph 130(2)(a)(i) of the Act is replaced by the following:

      (i) committed in Canada under Part VII , the Criminal Code or any other Act of Parliament and for which a minimum punishment is prescribed, or

(3) Subparagraph 130(2)(b)(i) of the Act is replaced by the following:

      (i) impose the punishment prescribed for the offence by Part VII, the Criminal Code or that other Act, or

(4) Subsection 130(3) of the Act is replaced by the following:

Code of Service Discipline applies

(3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life , for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under paragraph (2)(a) or subparagraph (2)(b)(i).

34. Subsection 132(3) of the Act is replaced by the following:

Application of Code of Service Discipline

(3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life , for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under subsection (2).

35. Subsection 139(1) of the Act is replaced by the following:

Scale of punishments

139. (1) The following punishments may be imposed in respect of service offences and each of those punishments is a punishment less than every punishment preceding it:

    (a) imprisonment for life ;

    (b) imprisonment for two years or more;

    (c) dismissal with disgrace from Her Majesty's service;

    (d) imprisonment for less than two years;

    (e) dismissal from Her Majesty's service;

    (f) detention;

    (g) reduction in rank;

    (h) forfeiture of seniority;

    (i) severe reprimand;

    (j) reprimand;

    (k) fine; and

    (l) minor punishments.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 39)

36. Section 140 of the Act is replaced by the following:

Imprison-
ment for shorter term

140. Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment , or for a term of years or other term may be sentenced to imprisonment for a shorter term.

Dismissal as accompany-
ing punishment

140.1 (1) Where a court martial imposes a punishment of imprisonment for life or for two years or more on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal with disgrace from Her Majesty's service or a punishment of dismissal from Her Majesty's service.

Dismissal as accompany-
ing punishment

(2) Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty's service.

Reduction in rank as accompany-
ing punishment

140.2 Where a court martial imposes a punishment of imprisonment on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of reduction in rank, that may be

    (a) in the case of an officer, to the lowest commissioned rank; and

    (b) in the case of a non-commissioned member, to the lowest rank to which under the regulations the non-commissioned member can be reduced.

Sentence of imprison-
ment for life

140.3 (1) Where a court martial imposes a punishment of imprisonment for life, the sentence to be pronounced shall be

    (a) in respect of a person who has been convicted of having committed traitorously an offence of misconduct in the presence of an enemy contrary to section 73 or 74, an offence related to security contrary to section 75 or an offence in relation to prisoners of war contrary to section 76, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

    (b) in respect of a person who has been convicted of an offence of high treason or an offence of first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

    (c) in respect of a person who has been convicted of an offence of second degree murder if that person has previously been convicted of culpable homicide that is murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

    (d) in respect of a person who has been convicted of an offence of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or any greater number of years, not being more than twenty-five, that has been substituted under subsection (2); and

    (e) in respect of a person who has been convicted of any other offence, that the person be sentenced to imprisonment for life with normal eligibility for parole.

Provisions of Criminal Code apply

(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of life imprisonment imposed under this Act, and

    (a) a reference in sections 745.2 and 745.3 of the Criminal Code to a jury is deemed to be a reference to the panel of a General Court Martial; and