Bill C-25
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PART III |
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CODE OF SERVICE DISCIPLINE |
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DIVISION 1 |
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DISCIPLINARY JURISDICTION OF THE CANADIAN FORCES |
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Application
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19. Subparagraphs 60(1)(c)(iv) and (v) of
the Act are replaced by the following:
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R.S., c. 31 (1st
Supp.), s. 45
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20. Subsections 66(1) and (2) of the Act
are replaced by the following:
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Autrefois
acquit and
autrefois
convict
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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
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Exception
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(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.
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1990, c. 14,
s. 7; 1991, c.
43, s. 12;
1993, c. 34,
s. 92
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21. Section 69 of the Act and the heading
before it are replaced by the following:
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Period of Liability
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When person
is liable
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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:
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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:
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23. The headings before section 72 of the
Act are replaced by the following:
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DIVISION 2 |
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SERVICE OFFENCES AND PUNISHMENTS |
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Responsibility for Offences
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24. The portion of section 73 of the Act
after paragraph (g) is replaced by the
following:
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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.
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25. The portion of section 74 of the Act
after paragraph (j) is replaced by the
following:
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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.
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26. The portion of section 75 of the Act
after paragraph (j) is replaced by the
following:
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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.
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27. The portion of section 76 of the Act
after paragraph (c) is replaced by the
following:
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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.
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28. Sections 78 to 80 of the Act are
replaced by the following:
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Offence of
being spy
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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.
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Mutiny
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Mutiny with
violence
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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.
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Mutiny
without
violence
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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.
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29. The Act is amended by adding the
following after section 101:
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Failure to
comply with
conditions
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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.
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30. Section 105 of the Act is repealed.
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31. Paragraph 117(b) of the Act is
replaced by the following:
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32. The heading before section 118 and
sections 118 and 119 of the Act are replaced
by the following:
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Offences in relation to Tribunals
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Definition of
``tribunal''
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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, an Inquiry Committee established for
the purpose of subsection 165.1(2) or
165.21(2), the Military Police Complaints
Commission, a board of inquiry and a
commissioner taking evidence under this Act.
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Contempt
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(2) Every person who
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is guilty of an offence and on conviction is
liable to imprisonment for less than two years
or to less punishment.
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Failure to
appear or
attend
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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.
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False
evidence
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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.
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33. (1) Paragraphs 130(1)(a) and (b) of
the Act are replaced by the following:
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(2) Subparagraph 130(2)(a)(i) of the Act
is replaced by the following:
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(3) Subparagraph 130(2)(b)(i) of the Act
is replaced by the following:
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(4) Subsection 130(3) of the Act is
replaced by the following:
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Code of
Service
Discipline
applies
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(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).
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34. Subsection 132(3) of the Act is
replaced by the following:
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Application of
Code of
Service
Discipline
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(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).
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35. Subsection 139(1) of the Act is
replaced by the following:
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Scale of
punishments
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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:
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R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 39)
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36. Section 140 of the Act is replaced by
the following:
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Imprison- ment for shorter term
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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.
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Dismissal as
accompany- ing punishment
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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.
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Dismissal as
accompany- ing punishment
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(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.
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Reduction in
rank as
accompany- ing punishment
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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
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Sentence of
imprison- ment for life
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140.3 (1) Where a court martial imposes a
punishment of imprisonment for life, the
sentence to be pronounced shall be
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Provisions of
Criminal
Code apply
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(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
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