BILL C-25 - Reprinted as amended by the Standing Committee

	DIVISION 6
	TRIAL BY COURT MARTIAL
	Charge must be Preferred
Charge must be preferred	165. (1) A person may be tried by court martial only if a charge against the person is preferred by the Director of Military Prosecutions.
Meaning of ``prefer''	(2) For the purposes of this Act, a charge is preferred when the charge sheet in respect of the charge is signed by the Director of Military Prosecutions, or an officer authorized by the Director of Military Prosecutions to do so, and referred to the Court Martial Administrator.
	Director of Military Prosecutions
Appointment	165.1 (1) The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Military Prosecutions.
Tenure of office and removal	(2) The Director of Military Prosecutions holds office during good behaviour for a term not exceeding four years. The Minister may remove the Director of Military Prosecutions from office for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.
Power of Inquiry Committee	(2.1) The Inquiry Committee is deemed to have the powers of a court martial.
Re- appointment	(3) The Director of Military Prosecutions is eligible to be re-appointed on the expiry of a first or subsequent term of office.
Duties and functions	165.11 The Director of Military Prosecutions is responsible for the preferring of all charges to be tried by court martial and for the conduct of all prosecutions at courts martial. The Director of Military Prosecutions also acts as counsel for the Minister in respect of appeals when instructed to do so.
Preferring charges	165.12 (1) When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may
	(a) prefer the charge; or
	(b) prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge.
Withdrawing charges	(2) The Director of Military Prosecutions may withdraw a charge that has been preferred, but if a trial by court martial has commenced, the Director of Military Prosecutions may do so only with leave of the court martial.
Effect of withdrawing charge	(3) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time.
Referral of charge	165.13 If the Director of Military Prosecutions is satisfied that a charge should not be proceeded with by court martial, the Director of Military Prosecutions may refer it for disposal by an officer who has jurisdiction to try the accused person by summary trial.
Director to determine type of court martial	165.14 When the Director of Military Prosecutions prefers a charge, the Director of Military Prosecutions shall also determine the type of court martial that is to try the accused person and inform the Court Martial Administrator of that determination.
Barristers and advocates to assist	165.15 The Director of Military Prosecutions may be assisted and represented, to the extent determined by the Director of Military Prosecutions, by officers who are barristers or advocates with standing at the bar of a province.
Acting Director of Military Prosecutions	165.16 The powers of the Director of Military Prosecutions may be exercised, and the duties and functions of the Director of Military Prosecutions may be performed, by any officer who is a barrister or advocate with standing at the bar of a province and who is authorized by the Minister.
Relationship to Judge Advocate General	165.17 (1) The Director of Military Prosecutions acts under the general supervision of the Judge Advocate General.
General instructions	(2) The Judge Advocate General may issue general instructions or guidelines in writing in respect of prosecutions. The Director of Military Prosecutions shall ensure that they are available to the public.
Specific instructions	(3) The Judge Advocate General may issue instructions or guidelines in writing in respect of a particular prosecution.
Availability to public	(4) The Director of Military Prosecutions shall ensure that instructions and guidelines issued under subsection (3) are available to the public.
Exception	(5) Subsection (4) does not apply where the Director of Military Prosecutions considers that it would not be in the best interests of the administration of military justice for any instruction or guideline, or any part of it, to be available to the public.
Copies to Minister	(6) The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline made under this section.
	Court Martial Administrator
Appointment	165.18 There shall be a person appointed to be the Court Martial Administrator.
Duties and functions	165.19 (1) When a charge is preferred, the Court Martial Administrator shall convene a court martial in accordance with the determination of the Director of Military Prosecutions under section 165.14 and, in the case of a General Court Martial or a Disciplinary Court Martial, shall appoint its members.
Other duties	(2) The Court Martial Administrator performs such other duties as may be specified by this Act or prescribed by the Governor in Council in regulations.
Relationship to Chief Military Judge	(3) The Court Martial Administrator acts under the general supervision of the Chief Military Judge.
Acting Court Martial Adminis- trator	165.2 The duties and functions of the Court Martial Administrator may be performed by any person authorized by the Court Martial Administrator.
	Military Judges
Appointment	165.21 (1) The Governor in Council may appoint officers who are barristers or advocates of at least ten years standing at the bar of a province to be military judges.
Tenure of office and removal	(2) A military judge holds office during good behaviour for a term of five years but may be removed by the Governor in Council for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.
Powers of Inquiry Committee	(2.1) The Inquiry Committee is deemed to have the powers of a court martial.
Re- appointment	(3) A military judge is eligible to be re-appointed on the expiry of a first or subsequent term of office on the recommendation of a Renewal Committee established under regulations made by the Governor in Council.
Retirement age	(4) A military judge ceases to hold office on reaching the retirement age prescribed by the Governor in Council in regulations.
Remunera- tion	165.22 (1) The rates and conditions of issue of pay of military judges shall be prescribed by the Treasury Board in regulations.
Review of remuneration	(2) The remuneration of military judges shall be reviewed regularly by a Compensation Committee established under regulations made by the Governor in Council.
Judicial duties and functions	165.23 (1) Military judges shall preside at courts martial and shall perform other judicial duties under this Act that are required to be performed by military judges.
Other duties and functions	(2) In addition to their judicial duties, military judges shall perform any other duties that the Chief Military Judge may direct, but those other duties may not be incompatible with their judicial duties.
Boards of inquiry	(3) Military judges may, with the concurrence of the Chief Military Judge, be appointed as a board of inquiry.
	Chief Military Judge
Chief Military Judge	165.24 The Governor in Council may designate a military judge to be the Chief Military Judge.
Duties and functions	165.25 The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act.
Acting Chief Military Judge	165.26 The Chief Military Judge may authorize any military judge to perform the duties and functions of the Chief Military Judge.
Delegation	165.27 The Chief Military Judge may delegate any of the Chief Military Judge's duties and functions to a military judge.
	General Courts Martial
Jurisdiction	166. A General Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
Composition	167. (1) A General Court Martial is composed of a military judge and a panel of five members.
Rank of senior member	(2) The senior member of the panel must be an officer of or above the rank of colonel.
Rank for trial of officer	(3) If the accused person is an officer, all of the members of the panel must be officers.
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.
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.
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.
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.
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.
	Disciplinary Courts Martial
Jurisdiction	169. A Disciplinary Court Martial may try any officer of or below the rank of major or any non-commissioned member who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
Composition	170. (1) A Disciplinary Court Martial is composed of a military judge and a panel of three members.
Rank of senior member	(2) The senior member of the panel must be an officer of or above the rank of major or of or above any higher rank that may be prescribed by the Governor in Council in regulations.
Rank for trial of officer	(3) If the accused person is an officer, all of the members of the panel must be officers.
Rank for trial of non- commissioned member	(4) If the accused person is a non-commissioned member, one of the members of the panel must be a non-commissioned member who is of the rank of warrant officer or above and the other two members must be officers.
Ineligibility to serve	171. None of the following persons may sit as a member of the panel of a Disciplinary Court Martial:
	(a) an officer or non-commissioned member who is a lawyer or notary;
	(b) a witness for the prosecution or for 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 cadet;
	(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.
Punishment limitation	172. A Disciplinary Court Martial may not pass a sentence that includes a punishment higher in the scale of punishments than dismissal with disgrace from Her Majesty's service.
	Standing Courts Martial
Jurisdiction	173. A Standing Court Martial may try any officer or non-commissioned member who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
Composition	174. Every military judge is authorized to preside at a Standing Court Martial, and a military judge who does so constitutes the Standing Court Martial.
Punishment limitation	175. A Standing Court Martial may not pass a sentence that includes a punishment higher in the scale of punishments than dismissal with disgrace from Her Majesty's service.
	Special General Courts Martial
Jurisdiction	176. A Special General Court Martial may try any person, other than an officer or non-commissioned member, who is liable to be charged, dealt with and tried on a charge of having committed a service offence.
Composition	177. Every military judge is authorized to preside at a Special General Court Martial, and a military judge who does so constitutes the Special General Court Martial.
Punishment limitation	178. A Special General Court Martial may only pass a sentence that includes a punishment of imprisonment or a fine.
	Powers

DIVISION 6

TRIAL BY COURT MARTIAL