QR&O: Volume II – Chapter 113 – Suspension of Punishment and Intermittent Sentences
Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.
A consolidation of the QR&O volumes in official PDF version were made as of the 3 July 2019. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.
The last modifications to the QR&O came into force on 20 June 2022.
Amendment List:
- 20 June 2022 – heading of section 1 replaced: Chapter 113
- 20 June 2022 – replaced article : 113.01
- 20 June 2022 – replaced article and note : 113.03
- 20 June 2022 – amended article: 113.04
- 20 June 2022 – repealed article and note: 113.05
- 20 June 2022 – replaced article: 113.06
- 20 June 2022 – amended article: 113.07
- 20 June 2022 – replaced paragraphs: 113.08(1) and 113.08(3)
- 20 June 2022 – repealed note: 113.08
- 20 June 2022 – repealed articles: 113.09 and 113.10
- 20 June 2022 – repealed paragraph: 113.11(1)
- 20 June 2022 – replaced paragraph: 113.11(3)
- 20 June 2022 – replaced article: 113.12
- 20 June 2022 – repealed note: 113.12
- 20 June 2022 – replaced articles: 113.13 and 113.14
- 20 June 2022 – repealed note: 113.14
- 20 June 2022 – repealed article: 113.15
- 20 June 2022 – repealed subparagraph: 113.16(1)(a)
- 20 June 2022 – amended article: 113.17
- 20 June 2022 – replaced article: 113.18
- 20 June 2022 – repealed note: 113.18
- 20 June 2022 – replaced paragraphs: 113.19(1), 113.19(3), 113.19(4) and113.19(7)
- 20 June 2022 – repealed articles: 113.20 to 113.22
- 20 June 2022 – repealed paragraph: 113.23(1)
- 20 June 2022 – replaced paragraph: 113.23(2)
- 20 June 2022 – replaced subparagraph: 113.23(3)(b)
- 20 June 2022 – replaced paragraphs: 113.24(1) to 113.24(4)
- 20 June 2022 – repealed paragraph: 113.24(7)
- 20 June 2022 – replaced paragraphs: 113.24(9) and 113.24(10)
- 20 June 2022 – repealed note: 113.24
- 20 June 2022 – replaced article: 113.25
- 20 June 2022 – amended article: 113.26
- 20 June 2022 – repealed note: 113.26
- 20 June 2022 – replaced article: 113.27
- 20 June 2022 – repealed note: 113.27
- 20 June 2022 – repealed article: 113.28
- 20 June 2022 – repealed subparagraph: 113.29(1)(a)
- 20 June 2022 – replaced article: 113.31
- 20 June 2022 – repealed note: 113.31
- 20 June 2022 – amended article: 113.36
- 20 June 2022 – amended article: 113.37
- 20 June 2022 – repealed articles: 113.38 and 113.39
- 20 June 2022 – repealed note: 113.39
- 20 June 2022 – replaced article: 113.41
- 20 June 2022 – repealed note: 113.41
- 20 June 2022 – replaced subparagraphs: 113.43(1)(c), 113.43(2)(e) and 113.43(3)(f)
- 20 June 2022 – repealed subparagraph: 113.45(1)(d)
- 20 June 2022 – replaced subparagraph:113.45(1)(e)
- 20 June 2022 – repealed paragraph: 113.45(3)
- 20 June 2022 – repealed note: 113.45
- 20 June 2022 – amended article: 113.46
- 20 June 2022 – repealed article and notes: 113.47
- 20 June 2022 – heading and paragraph (1) replaced: 113.48
- 20 June 2022 – amended article: 113.49
- 20 June 2022 – replaced paragraphs: 113.50(1) and 113.50(3)
- 20 June 2022 – repealed articles: 113.51 and 113.52
- 20 June 2022 – repealed paragraph: 113.53(1)
- 20 June 2022 – replaced paragraph: 113.53(3)
- 20 June 2022 – replaced articles: 113.54, 113.55 and 113.56
- 20 June 2022 – repealed note: 113.56
- 20 June 2022 – repealed article: 113.57
- 20 June 2022 – amended article: 113.58
- 20 June 2022 – replaced article: 113.59
- 20 June 2022 – repealed note: 113.59
- 20 June 2022 – replaced paragraphs: 113.60(1), 113.60(3), 113.60(4) and 113.60(7)
- 20 June 2022 – repealed articles: 113.61 to 113.63
- 20 June 2022 – repealed paragraph: 113.64(1)
- 20 June 2022 – replaced paragraphs: 113.64(2) and 113.64(3)
- 20 June 2022 – replaced article: 113.65
- 20 June 2022 – repealed note: 113.65
- 20 June 2022 – replaced article: 113.66
- 20 June 2022 – amended article: 113.67
- 20 June 2022 – replaced article: 113.68
- 20 June 2022 – repealed notes: 113.68
- 20 June 2022 – repealed article: 113.69
- 1 September 2018 – new chapter: 113
History:
113.01 – DEFINITION
In this chapter, Act means the National Defence Act. (Loi)
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.01 is replaced]
Section 1 – Suspension of Imprisonment or Detention by Service Tribunal or Court Martial Appeal Court
113.02 – INTERPRETATION
For greater certainty, in this section, “suspension order” means an order that is made under section 215 of the Act to suspend the execution of a punishment of imprisonment or detention.
(G) [P.C. 2018-0433 effective 1 September 2018]
“215 (1) If an offender is sentenced to imprisonment or detention, the execution of the punishment may be suspended by the court martial that imposes the punishment or, if the offender’s sentence is affirmed, is substituted or is imposed on appeal, by the Court Martial Appeal Court.”
(C) [1 September 2018; 20 June 2022 – 113.03 is replaced]
(C) [1 September 2018; 20 June 2022 – Note is replaced by 113.03]
“215 (2) In suspending the execution of a punishment, the court martial or the Court Martial Appeal Court, as the case may be, shall impose the following conditions on the offender:
(a) to keep the peace and be of good behaviour;
(b) to attend any hearing under section 215.2 when ordered to do so by the appropriate person referred to in paragraph 215.2(1)(a) or (b); and
(c) in the case of an offender who is not an officer or a non-commissioned member, to notify the Provost Marshal in advance of any change of name or address, and to promptly notify the Provost Marshal of any change of employment or occupation.
(3) The court martial or the Court Martial Appeal Court may, in addition to the conditions described in subsection (2), impose any reasonable conditions.”
(C) [1 September 2018; 20 June 2022 – Subsections 215 (2) and (3) are replaced]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.05 is repealed]
(C) [1 September 2018; 20 June 2022 - Note to 113.05 is repealed]
113.06 – COURT MARTIAL OBLIGATIONS
(1) A court martial that makes a suspension order must
(a) cause a copy of the order to be given to the offender and the Director of Military Prosecutions;
(b) explain to the offender the conditions of the order and the substance of sections 101.1 and 215.2 of the Act;
(c) explain to the offender that they may make an application under section 215.1 of the Act, if applicable; and
(d) take reasonable steps to ensure that the offender understands the order and the explanations given.
(2) For greater certainty, failure to comply with paragraph (1) does not affect the validity of the suspension order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.06 is replaced]
Sub-Section 1 – Variation or Substitution of Conditions of Suspension Order
“215.1 On application by an offender, a condition imposed under subsection 215(3) or varied, added or substituted under this section or section 215.2 may be varied, or another condition may be substituted for that condition, by
(a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
(b) a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court.”
(C) [1 September 2018; 20 June 2022 – Section 215.1 is replaced]
113.08 – NOTICE OF APPLICATION
(1) An offender who makes an application under section 215.1 of the Act must provide a notice of application to
(a) the Chief Military Judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
(b) (b) the Chief Administrator of the Courts Administration Service, in the case of a condition imposed, varied, added or substituted by the Court Martial Appeal Court.
(2) The notice of application shall include:
(a) a description of the proposed variation or substitution and the reason for the change;
(b) a copy of the suspension order, together with a copy of any applicable amending order (see articles 113.14 – Obligations at Conclusion of Hearing and 113.27 – Obligations at Conclusion of Hearing);
(c) a description of any evidence that the offender intends to rely on at the hearing referred to in article 113.12 (Hearing Procedure);
(d) the names of any witnesses that the offender intends to call at the hearing; and
(e) an estimate of the length of time required for the offender to present the application.
(3) The offender must provide a copy of the notice to their commanding officer and the Director of Military Prosecutions as soon as circumstances permit.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.08 (1) and (3) are replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.08 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.09 and 113.10 are repealed]
113.11 – NOTICE OF HEARING
(1) [Repealed]
(2) The Chief Military Judge shall, as soon as feasible after receiving a notice of application under paragraph 113.08(1), ensure that a notice of hearing is provided to the offender, the offender’s commanding officer and the Director of Military Prosecutions.
(3) A notice of hearing must include the date, time and place of the hearing referred to in article 113.12 (Hearing Procedure) and the name of the military judge who is assigned to preside at the hearing.
(4) The offender’s commanding officer shall, if the Chief Military Judge requests it, cause a notice of hearing that is referred to in paragraph (2) to be delivered to the offender as soon as feasible.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.11 (1) is repealed and (3) is replaced]
113.12 – HEARING PROCEDURE
(1) In this article, hearing means a hearing before a military judge to consider an application made under section 215.1 of the Act.
(2) At the beginning of the hearing,
(a) if no order has been made to exclude the public and to the extent that accommodation permits, the public must be admitted; and
(b) the following persons must take their places:
(i) the offender,
(ii) the Director of Military Prosecutions, and
(iii) the military judge.
(3) The military judge must identify themselves and ask if the offender or the Director of Military Prosecutions objects to the application being heard by the judge. Any objection must be disposed of in accordance with article 112.14 (Objections to the Constitution of the Court Martial), with any necessary changes.
(4) The military judge must
(a) take the oath prescribed in article 112.16 (Oath to be Taken by Judge Presiding at Court Martial) or make the solemn affirmation instead of the oath;
(b) dispose of any objection to an interpreter in accordance with article 112.15 (Objection to Interpreter);
(c) cause the court reporter to take the oath prescribed in article 112.18 (Oath to be Taken by Court Reporter) or make the solemn affirmation instead of the oath; and
(d) cause any interpreter to take the oath prescribed in article 112.19 (Oath to be Taken by Interpreter) or make the solemn affirmation instead of the oath.
(5) The offender, followed by the Director of Military Prosecutions, may make a statement that is pertinent to the application.
(6) The offender, followed by the Director of Military Prosecutions, may present evidence, including sworn witness testimony.
(7) The offender, followed by the Director of Military Prosecutions, may make representations. The offender may reply to any representations made by the Director.
(8) The military judge must announce their decision and, after complying with article 113.14 (Obligations at Conclusion of Hearing), terminate the hearing.
(9) If a procedural matter is not provided for in this article, the provisions of Chapter 112 apply, with any necessary changes.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.12 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.12 is repealed]
113.13 – APPEARANCE BY TECHNOLOGICAL MEANS
The military judge presiding at the hearing referred to in article 113.12 (Hearing Procedure) may, with the consent of the offender and the Director of Military Prosecutions, permit any person to appear at the hearing by any means that allows the hearing participants, including witnesses, to engage in simultaneous visual and oral communication.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.13 is replaced]
113.14 – OBLIGATIONS AT CONCLUSION OF HEARING
(1) If the military judge presiding at the hearing referred to in article 113.12 (Hearing Procedure) varies a condition of the suspension order or substitutes another condition for such a condition, the judge must
(a) make an amending order;
(b) cause a copy of the amending order to be given to the offender and the Director of Military Prosecutions; and
(c) explain the changes to the conditions to the offender and take reasonable steps to ensure that the offender understands the explanation given.
(2) The military judge must remind the offender that they remain bound by the suspension order, as amended by any amending order.
(3) For greater certainty, failure to comply with subparagraph (1)(b) or (c) does not affect the validity of the amending order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.14 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.14 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.15 is repealed]
113.16 – DECISION BY A JUDGE OF THE COURT MARTIAL APPEAL COURT
(1) The Director of Military Prosecutions shall ensure that the following persons are informed of any decision by a judge of the Court Martial Appeal Court under section 215.1 of the Act:
(a) [Repealed]
(b) the offender’s commanding officer;
(c) the Judge Advocate General;
(d) the Provost Marshal; and
(e) on request, any victim of the offence to which the suspended punishment relates.
(2) The Director of Military Prosecutions shall ensure that a copy of any order made by a judge of the Court Martial Appeal Court under section 215.1 of the Act is forwarded to
(a) the offender’s commanding officer;
(b) the Provost Marshal; and
(c) on request, any victim of the offence to which the suspended punishment relates.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.16 (1)(a) is repealed]
Sub-Section 2 – Breach of Condition of Suspension Order
“215.2 (1) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under section 215 or varied, added or substituted under section 215.1 or this section may be made by
(a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
(b) a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court.”
(C) [1 September 2018; 20 June 2022 – Subsection 215.2 (1) is replaced]
113.18 – CLASS OF CANADIAN FORCES REPRESENTATIVES
For the purposes of subsection 215.2(1) of the Act, prosecutors are designated as representatives of the Canadian Forces who may apply for a determination of whether an offender has breached a condition of a suspension order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.18 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.18 is repealed]
113.19 – NOTICE OF APPLICATION
(1) A representative of the Canadian Forces who wishes to apply, under section 215.2(1) of the Act, for a determination of whether an offender has breached a condition of a suspension order must provide a notice of application to
(a) the Chief Military Judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
(b) the Chief Administrator of the Courts Administration Service, in the case of a condition imposed, varied, added or substituted by the Court Martial Appeal Court.
(2) The notice of application shall include
(a) a detailed description of the alleged breach;
(b) a copy of the suspension order, together with a copy of any applicable amending order (see articles 113.14 – Obligations at Conclusion of Hearing and 113.27 – Obligations at Conclusion of Hearing);
(c) a description of the evidence that the representative of the Canadian Forces intends to rely on at the hearing referred to in article 113.24 (Hearing Procedure);
(d) the names of any witnesses that the representative of the Canadian Forces intends to call at the hearing;
(e) the relief sought, including any proposed changes to the conditions of the suspension order; and
(f) an estimate of the length of time required for the representative of the Canadian Forces to present their application.
(3) The representative of the Canadian Forces must ensure that a copy of the notice of application is provided to the offender and the offender’s commanding officer as soon as circumstances permit after complying with paragraph (1).
(4) The offender’s commanding officer must, if the representative of the Canadian Forces requests it, cause the offender’s copy of the notice of application to be delivered to the offender as soon as circumstances permit.
(5) A person who delivers the copy of a notice of application to the offender under paragraph (4) shall complete a confirmation of delivery in the following form:
CONFIRMATION OF DELIVERY
At (time) hours on (day, month, year), I personally delivered to (service number and rank (if applicable) and full name of the offender) a copy of a notice of application relating to the alleged breach of a condition of a suspension order.
Dated this (day, month, year) at (place).
Signature of the person who made the delivery
(Service number and rank (if applicable) and full name of the person who made the delivery)
(6) The offender’s commanding officer shall ensure that the completed confirmation of delivery is forwarded to the representative of the Canadian Forces as soon as feasible.
(7) If the representative of the Canadian Forces has not made a request under paragraph (4), the representative must inform the offender’s commanding officer that it has been received as soon as circumstances permit after the offender receives their copy of the notice.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.19 (1), (3), (4) and (7) are replaced]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.20 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.21 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.22 is repealed]
113.23 – NOTICE OF HEARING
(1) [Repealed]
(2) The military judge who is assigned to preside at the hearing referred to in article 113.24 (Hearing Procedure) must, as soon as circumstances permit after the representative of the Canadian Forces confirms that the offender has received a copy of the notice,
(a) issue a notice of hearing; and
(b) cause the notice of hearing to be delivered to the representative, the offender and the offender’s commanding officer.
(3) A notice of hearing shall include
(a) the date, time and place of the hearing;
(b) the name of the military judge who is assigned to preside at the hearing; and
(c) an order, directed to the offender, requiring them to attend the hearing at the specified date, time and place.
(4) The offender’s commanding officer shall, if the military judge assigned to preside at the hearing requests it, cause the notice of hearing that is to be delivered to the offender under paragraph (2) to be delivered to them as soon as feasible.
(5) A person who delivers a notice of hearing to the offender under paragraph (4) shall complete a confirmation of delivery in the following form:
CONFIRMATION OF DELIVERY
At (time) hours on (day, month, year), I personally delivered to (service number and rank (if applicable) and full name of the offender) a notice of hearing relating to the alleged breach of a condition of a suspension order.
Dated this (day, month, year) at (place).
Signature of the person who made the delivery
(Service number and rank (if applicable) and full name of the person who made the delivery)
(6) The offender’s commanding officer shall ensure that the completed confirmation of delivery is forwarded to the Court Martial Administrator as soon as feasible.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.23 (1) is repealed, (2) and (3) (b) are replaced]
113.24 – HEARING PROCEDURE
(1) In this article, hearing means a hearing before a military judge to consider an application made under subsection 215.2(1) of the Act.
(2) At the beginning of the hearing,
(a) if no order has been made to exclude the public and to the extent that accommodation permits, the public must be admitted; and
(b) the following persons must take their places:
(i) the offender,
(ii) the representative of the Canadian Forces, and
(iii) the military judge.
(3) The military judge must identify themselves and ask if the offender or the representative of the Canadian Forces objects to the application being heard by the judge. Any objection must be disposed of in accordance with article 112.14 (Objections to the Constitution of the Court Martial), with any necessary changes.
(4) The military judge must
(a) take the oath prescribed in article 112.16 (Oath to be Taken by Judge Presiding at Court Martial) or make the solemn affirmation instead of the oath;
(b) dispose of any objection to an interpreter in accordance with article 112.15 (Objection to Interpreter);
(c) cause the court reporter to take the oath prescribed in article 112.18 (Oath to be Taken by Court Reporter) or make the solemn affirmation instead of the oath; and
(d) cause any interpreter to take the oath prescribed in article 112.19 (Oath to be Taken by Interpreter) or make the solemn affirmation instead of the oath.
(5) The representative of the Canadian Forces, followed by the offender, may make a statement that is pertinent to the application.
(6) The representative of the Canadian Forces, followed by the offender, may present evidence, including sworn witness testimony.
(7) [Repealed]
(8) The representative of the Canadian Forces, followed by the offender, may make representations. The representative of the Canadian Forces may reply to any representations made by the offender.
(9) The military judge must
(a) announce their determination as to whether there has been a breach of the conditions of the suspension order;
(b) if applicable, take one of the actions set out in subsection 215.2(2) of the Act; and
(c) after complying with the applicable obligations in article 113.27 (Obligations at Conclusion of Hearing), terminate the hearing.
(10) If a procedural matter is not provided for in this article, the provisions of Chapter 112 apply, with any necessary changes.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.24 (1) to (4) are replaced, (7) is repealed, (9) and (10) are replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.24 is repealed]
113.25 – APPEARANCE BY TECHNOLOGICAL MEANS
The military judge presiding at the hearing referred to in article 113.24 (Hearing Procedure) may, with the consent of the offender and the representative of the Canadian Forces, permit any person to appear at the hearing by any means that allows the hearing participants, including witnesses, to engage in simultaneous visual and oral communication.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.25 is replaced]
“215.2 (2) If a person referred to in paragraph (1)(a) or (b) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may
(a) revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or
(b) vary any conditions imposed under subsection 215(3) or varied, added or substituted under section 215.1 or this section, or add or substitute other conditions, as the person sees fit.”
(G) [P.C. 2018-0433 effective 1 September 2018]
(C) [1 September 2018; 20 June 2022 – 20 June 2022 – Subsection 215.2 (2) is replaced and Note to 113.26 is repealed]
113.27 – OBLIGATIONS AT CONCLUSION OF HEARING
(1) A military judge presiding at the hearing referred to in article 113.24 (Hearing Procedure) who determines that the offender has breached a condition of the suspension order must, if the judge varies a condition of the suspension order or adds or substitutes other conditions,
(a) make an amending order;
(b) cause a copy of the amending order to be given to the offender and the Director of Military Prosecutions; and
(c) explain the changes to the conditions to the offender and take reasonable steps to ensure that the offender understands the explanation given.
(2) If the military judge determines that the offender has not breached a condition of the suspension order or decides not to take any action in response to a breach, the judge must remind the offender that they remain bound by the order, as amended by any amending order.
(3) For greater certainty, failure to comply with subparagraph (1)(b) or (c) does not affect the validity of the amending order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.27 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.27 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.28 is repealed]
113.29 – DECISION BY A JUDGE OF THE COURT MARTIAL APPEAL COURT
(1) The Director of Military Prosecutions shall ensure that the following persons are informed of any determination or decision by a judge of the Court Martial Appeal Court under section 215.2 of the Act:
(a) [Repealed]
(b) the offender’s commanding officer;
(c) the Judge Advocate General;
(d) the Provost Marshal; and
(e) on request, any victim of the offence to which the suspended punishment relates.
(2) The Director of Military Prosecutions shall ensure that a copy of any order made by a judge of the Court Martial Appeal Court under subsection 215.2(2) of the Act is forwarded to
(a) the offender’s commanding officer;
(b) the Provost Marshal; and
(c) on request, any victim of the offence to which the suspended punishment relates.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.29 (1)(a) is repealed]
“215.3 A person who orders an offender to attend for a hearing under section 215.2 may, if the offender fails to attend as ordered, issue a warrant for the offender’s arrest in the form prescribed in regulations made by the Governor in Council.”
(C) [1 September 2018]
113.31 – ARREST WARRANT – FAILURE TO ATTEND
For the purposes of section 215.3 of the Act, the form of arrest warrant is:
ARREST WARRANT – FAILURE TO ATTEND
(Section 215.3 of the National Defence Act)
To the peace officers in (base or unit/territorial division):
This warrant is issued for the arrest of (service number and rank (if applicable) and full name of offender) (the “offender”).
Whereas, on (day, month, year) I issued a notice of hearing ordering the offender to attend on (day, month, year) at (time) at (place) for a hearing under section 215.2 of the National Defence Act;
And whereas the offender failed to attend the hearing as ordered;
You are commanded, in Her Majesty’s name, to arrest the offender without delay and to bring him or her before me to be dealt with according to law.
(See section 34.1 of the Interpretation Act and delete the following two paragraphs if they are not applicable)
Whereas I have reasonable grounds to believe that the offender is or will be present in (describe dwelling house);
You are authorized to enter the dwelling-house referred to above for the purpose of arresting the offender if, at the time of entry, you have reasonable grounds to believe that the offender is present in the dwelling-house.
Dated this (day, month, year) at (place).
Signature of military judge making the order
Rank and name of military judge making the order
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.31 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.31 is repealed]
“215. (4) If a punishment that has been suspended under subsection (1) is put into execution, the term of the punishment is deemed to commence on the day on which it is put into execution, but there shall be deducted from the term any time during which the offender has been incarcerated following the pronouncement of the sentence.”
(C) [1 September 2018]
Section 2 – Suspension of a Punishment of Imprisonment or Detention by a Suspending Authority
“216. (1) In this section and section 217, “suspending authority” means any authority prescribed to be a suspending authority in regulations made by the Governor in Council.”
(C) [1 September 2018]
113.34 – PRESCRIBED SUSPENDING AUTHORITIES
The following authorities are prescribed as suspending authorities for the purposes of sections 216 and 217 of the Act in respect of a punishment of imprisonment or detention:
(a) the Chief of the Defence Staff;
(b) an officer commanding a command;
(c) an officer commanding a formation; and
(d) the commanding officer of the offender upon whom the punishment was imposed.
(G) [P.C. 2018-0433 effective 1 September 2018]
“216. (2) A suspending authority may suspend a punishment of imprisonment or detention, whether or not the offender has already been committed to undergo that punishment, if there are imperative reasons relating to military operations or the offender’s welfare.”
(C) [1 September 2018]
NOTE
See section 216.1 of the Act regarding the effects of a suspension before or after committal.
(C) [1 September 2018]
“216 (2.1) A suspending authority that suspends a punishment shall provide written reasons for the suspension to any person prescribed in regulations made by the Governor in Council.”
(C) [1 September 2018; 20 June 2022 – Subsection 216(2.1) is replaced]
113.37 – PERSONS TO WHOM REASONS FOR SUSPENSION ARE TO BE PROVIDED – COURT MARTIAL OR APPEAL COURT
For the purposes of subsection 216(2.1) of the Act, the persons who must be provided with written reasons for a suspension as soon as feasible are:
(a) the offender;
(b) the offender’s legal counsel;
(c) the offender’s commanding officer, unless that officer is the suspending authority;
(d) the next superior officer, if any, to whom the suspending authority is responsible in matters of discipline;
(d.1) the commanding officer of the service prison or detention barrack where the offender is serving the punishment;
(e) the Director of Military Prosecutions;
(f) the Judge Advocate General;
(g) the Chief Military Judge; and
(h) if the punishment was imposed, affirmed or substituted by the Court Martial Appeal Court or the Supreme Court of Canada, the Chief Justice of the applicable Court.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.37 (d.1) added]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.38 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.39 is repealed]
(C) [1 September 2018; 20 June 2022 – Note to 113.39 is repealed]
“216. (2.2) A suspending authority may — if the reasons described in subsection (2) no longer apply or if the offender’s conduct is inconsistent with the reasons for which the punishment was suspended — revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so.”
(C) [1 September 2018]
113.41 – ADMINISTRATIVE ACTION RELATING TO REVOCATION OF SUSPENSION
A suspending authority who revokes the suspension of a punishment under subsection 216(2.2) of the Act must ensure that written notice of the revocation is provided to the persons set out in article 113.37 (Persons to Whom Reasons for Suspension Are to be Provided – Court Martial or Appeal Court) as soon as circumstances permit.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.41 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.41 is repealed]
Section 3 – Review of Suspension and Remission of Punishment
“217. (1) If a punishment has been suspended, it may at any time, and shall at intervals of not more than three months, be reviewed by a suspending authority. The suspending authority may, at the time of the review and in accordance with regulations made by the Governor in Council, remit the punishment.
(2) A punishment, except a punishment referred to in subsection (3), that has been suspended shall be deemed to be wholly remitted on the expiration of a period, commencing on the day the suspension was ordered, equal to the term of the punishment less any time during which the offender has been incarcerated following pronouncement of the sentence, unless the punishment has been put into execution prior to the expiration of that period.
(3) A punishment of detention that has been suspended is deemed to be wholly remitted on the expiration of one year commencing on the day the suspension was ordered, unless the punishment has been put into execution prior to the expiration of that period.”
113.43 – CONDITIONS TO REMIT A PUNISHMENT OF IMPRISONMENT OR DETENTION
(1) The Chief of the Defence Staff may, in reviewing the suspension of a punishment under subsection 217(1) of the Act, remit the punishment if
(a) he or she is satisfied that
(i) the conduct of the offender since the punishment was suspended justifies the remission,
(ii) the remission is unlikely to have a detrimental effect on public trust in the administration of military justice, and
(iii) the offender does not pose a significant risk to the safety of the public;
(b) he or she has obtained legal advice from a legal officer in respect of the proposed remission; and
(c) the Director of Military Prosecutions has been advised of the proposed remission.
(2) An officer commanding a command or a formation may, in reviewing the suspension of a punishment under subsection 217(1) of the Act, remit the punishment if
(a) in the case of a punishment of detention, at least 30 days have elapsed since the punishment was suspended;
(b) in the case of a punishment of imprisonment, at least 60 days have elapsed since the punishment was suspended and the punishment stands to be automatically remitted under subsection 217(2) of the Act within the next six months;
(c) the officer is satisfied that the conditions set out in sub-subparagraphs (1)(a)(i) to (iii) are met;
(d) the officer has obtained legal advice from a legal officer in respect of the proposed remission; and
(e) the next superior officer to whom the officer is responsible in matters of discipline and the Director of Military Prosecutions have been advised of the proposed remission.
(3) A commanding officer may, in reviewing the suspension of a punishment under subsection 217(1) of the Act, remit the punishment if
(a) he or she is the commanding officer of the offender in question;
(b) in the case of a punishment of detention, at least 60 days have elapsed since the punishment was suspended;
(c) in the case of a punishment of imprisonment, at least 90 days have elapsed since the punishment was suspended and the punishment stands to be automatically remitted under subsection 217(2) of the Act within the next six months;
(d) the officer is satisfied that the conditions set out in sub-subparagraphs (1)(a)(i) to (iii) are met;
(e) the officer has obtained legal advice from a legal officer in respect of the proposed remission; and
(f) the next superior officer to whom the officer is responsible in matters of discipline and the Director of Military Prosecutions have been advised of the proposed remission.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.43 (1)(c), (2)(e) and (3)(f) are replaced]
113.44 – DECISION NOT TO FOLLOW LEGAL ADVICE
A suspending authority who, in remitting a punishment, decides not to follow the legal advice that they have obtained from a legal officer shall, within 30 days after remitting the punishment, provide written reasons for the decision to the legal officer and the next superior officer, if any, to whom the suspending authority is responsible in matters of discipline.
(G) [P.C. 2018-0433 effective 1 September 2018]
113.45 – ADMINISTRATIVE ACTION RELATING TO REMISSION OF PUNISHMENT
(1) A suspending authority who remits a punishment under subsection 217(1) of the Act shall ensure that the following persons are notified of the remission as soon as feasible, in writing:
(a) the offender;
(b) the offender’s commanding officer, unless that officer is the suspending authority;
(c) the next superior officer, if any, to whom the suspending authority is responsible in matters of discipline;
(d) [Repealed]
(e) the offender’s legal counsel;
(e.1) the Director of Military Prosecutions;
(e.2) the Judge Advocate General;
(e.3) the Chief Military Judge;
(e.4) if applicable, the Chief Justice of the Court Martial Appeal Court or of the Supreme Court of Canada;
(f) if the punishment was suspended by a different suspending authority who will not otherwise be notified under this paragraph, that suspending authority; and
(g) if conditions were imposed on the offender in connection with the suspension, the Provost Marshal.
(2) The Director of Military Prosecutions shall, after being notified of the remission of a punishment under subparagraph (1)(e), inform any victim of the offence to which the punishment relates who has asked to be so informed.
(3) [Repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.45 (1)(e) is replaced and (1)(d) and (3) are repealed]
(C) [1 September 2018; 20 June 2022 – Note to 113.45 is repealed]
Section 4 – Intermittent Sentences
“148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order
(a) that the sentence be served intermittently at the times specified in the order; and
(b) that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served.”
(C) [1 September 2018; 20 June 2022 – Subsection 148(1) is replaced]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.47 is repealed]
(C) [1 September 2018; 20 June 2022 – Notes to 113.47 are repealed]
113.48 – COURT MARTIAL OBLIGATIONS
(1) A court martial that makes an intermittent sentence order must
(a) cause a copy of the order to be given to the offender, the Director of Military Prosecutions, the commanding officer of the service prison or detention barrack where the offender is serving the punishment and, on request, to the victim;
(b) if there are conditions prescribed in the order, explain them to the offender, together with the substance of section 101.1 and subsections 148(4) and (5) of the Act;
(c) explain to the offender that they may make an application under subsection 148(2) of the Act; and
(d) take reasonable steps to ensure that the offender understands the order and the explanations given.
(2) For greater certainty, failure to comply with paragraph (1) does not affect the validity of the intermittent sentence order.
[P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – the heading and paragraph 113.48 (1) are replaced]
Sub-Section 1 – Application to Serve Sentence on Consecutive Days
“148 (2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions.”
(C) [1 September 2018; 20 June 2022 – Subsection 148(2) is replaced]
113.50 – NOTICE OF APPLICATION
(1) An offender who is subject to an intermittent sentence order and who wishes to apply, under subsection 148(2) of the Act, to serve their sentence on consecutive days must provide a notice of application to the Chief Military Judge.
(2) The notice of application shall include
(a) a detailed description of the circumstances supporting the application;
(b) a copy of the intermittent sentence order, together with a copy of any applicable amending order (see article 113.68 – Obligations at Conclusion of Hearing);
(c) a description of any evidence that the offender intends to rely on at the hearing referred to in article 113.54 (Hearing Procedure);
(d) the names of any witnesses that the offender intends to call at the hearing; and
(e) an estimate of the length of time required for the offender to present the application.
(3) The offender must provide a copy of the notice to their commanding officer and the Director of Military Prosecutions as soon as circumstances permit.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.50 (1) and (3) are replaced]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.51 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.52 is repealed]
113.53 – NOTICE OF HEARING
(1) [Repealed]
(2) The Chief Military Judge shall, as soon as feasible after receiving a notice of application under paragraph 113.50(1), ensure that a notice of hearing is provided to the offender, the offender’s commanding officer and the Director of Military Prosecutions.
(3) A notice of hearing must include the date, time and place of the hearing referred to in article 113.54 (Hearing Procedure) and the name of the military judge who is assigned to preside at the hearing.
(4) The offender’s commanding officer shall, if the Chief Military Judge requests it, cause a notice of hearing that is referred to in paragraph (2) to be delivered to the offender as soon as feasible.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.53 (1) is repealed and (3) is replaced]
113.54 – HEARING PROCEDURE
(1) In this article, hearing means a hearing before a military judge to consider an application made under subsection 148(2) of the Act.
(2) At the beginning of the hearing,
(a) if no order has been made to exclude the public and to the extent that accommodation permits, the public must be admitted; and
(b) the following persons must take their places:
(i) the offender,
(ii) the Director of Military Prosecutions, and
(iii) the military judge.
(3) The military judge must identify themselves and ask if the offender or the Director of Military Prosecutions objects to the application being heard by the judge. Any objection must be disposed of in accordance with article 112.14 (Objections to the Constitution of the Court Martial), with any necessary changes.
(4) The military judge must
(a) take the oath prescribed in article 112.16 (Oath to be Taken by Judge Presiding at Court Martial) or make the solemn affirmation instead of the oath;
(b) dispose of any objection to an interpreter in accordance with article 112.15 (Objection to Interpreter);
(c) cause the court reporter to take the oath prescribed in article 112.18 (Oath to be Taken by Court Reporter) or make the solemn affirmation instead of the oath; and
(d) cause any interpreter to take the oath prescribed in article 112.19 (Oath to be Taken by Interpreter) or make the solemn affirmation instead of the oath.
(5) The offender, followed by the Director of Military Prosecutions, may make a statement that is pertinent to the application.
(6) The offender, followed by the Director of Military Prosecutions, may present evidence, including sworn witness testimony.
(7) The offender, followed by the Director of Military Prosecutions, may make representations. The offender may reply to any representations made by the Director.
(8) The military judge must announce their decision and, after complying with article 113.56 (Obligations at Conclusion of Hearing), terminate the hearing.
(9) If a procedural matter is not provided for in this article, the provisions of Chapter 112 apply, with any necessary changes.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.54 is replaced]
113.55 – APPEARANCE BY TECHNOLOGICAL MEANS
The military judge presiding at the hearing referred to in article 113.54 (Hearing Procedure) may, with the consent of the offender and the representative of the Canadian Forces, permit any person to appear at the hearing by any means that allows the hearing participants, including witnesses, to engage in simultaneous visual and oral communication.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.55 is replaced]
113.56 – OBLIGATIONS AT CONCLUSION OF HEARING
(1) If the military judge presiding at the hearing referred to in article 113.54 (Hearing Procedure) approves the offender’s application to serve their sentence on consecutive days, the judge must
(a) revoke the intermittent sentence order and order that the offender serve the sentence on consecutive days; and
(b) commit the offender (see articles 114.02 – Warrant for Committal and 114.04 – Form of Committal Order).
(2) If the military judge refuses the offender’s application, the judge must remind the offender that they remain bound by the intermittent sentence order, as amended by any amending order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.56 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.56 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.57 is repealed]
Sub-Section 2 – Breach of Condition of Intermittent Sentence Order
“148 (4) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge.”
(C) [1 September 2018; 20 June 2022 – Subsection 148(4) is replaced]
113.59 – CLASSES OF CANADIAN FORCES REPRESENTATIVES
For the purposes of subsection 148(4) of the Act, prosecutors are designated as representatives of the Canadian Forces who may apply for a determination of whether an offender has breached a condition of an intermittent sentence order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.59 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.59 is repealed]
113.60 – NOTICE OF APPLICATION
(1) A representative of the Canadian Forces who wishes to apply, under subsection 148(4) of the Act, for a determination of whether an offender has breached a condition of an intermittent sentence order must provide a notice of application to the Chief Military Judge.
(2) The notice of application shall include
(a) a detailed description of the alleged breach;
(b) a copy of the intermittent sentence order, together with a copy of any applicable amending order (see article 113.68 – Obligations at Conclusion of Hearing);
(c) a description of the evidence that the representative of the Canadian Forces intends to rely on at the hearing referred to in article 113.65 (Hearing Procedure);
(d) the names of any witnesses that the representative of the Canadian Forces intends to call at the hearing;
(e) the relief sought, including any proposed changes to the conditions of the intermittent sentence order; and
(f) an estimate of the length of time required for the representative of the Canadian Forces to present their application.
(3) The representative of the Canadian Forces must ensure that a copy of the notice of application is provided to the offender and the offender’s commanding officer as soon as circumstances permit after complying with paragraph (1).
(4) The offender’s commanding officer must, if the representative of the Canadian Forces requests it, cause the offender’s copy of the notice of application to be delivered to the offender as soon as circumstances permit.
(5) A person who delivers the copy of a notice of application to the offender under paragraph (4) shall complete a confirmation of delivery in the following form:
CONFIRMATION OF DELIVERY
At (time) hours on (day, month, year), I personally delivered to (service number and rank (if applicable) and full name of the offender) a copy of a notice of application relating to the alleged breach of a condition of an intermittent sentence order.
Dated this (day, month, year) at (place).
Signature of the person who made the delivery
(Service number and rank (if applicable) and full name of the person who made the delivery)
(6) The offender’s commanding officer shall ensure that the completed confirmation of delivery is forwarded to the representative of the Canadian Forces as soon as feasible.
(7) If the representative of the Canadian Forces has not made a request under paragraph (4), the representative must inform the offender’s commanding officer that it has been received as soon as circumstances permit after the offender receives their copy of the notice.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.60 (1), (3), (4) and (7) are replaced]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.61 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.62 is repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.63 is repealed]
113.64 – NOTICE OF HEARING
(1) [Repealed]
(2) The Chief Military Judge must cause a notice of hearing to be delivered to the representative of the Canadian Forces, the offender and the offender’s commanding officer as soon as circumstances permit after the representative confirms that the offender has received a copy of the notice of application under paragraph 113.60(1).
(3) A notice of hearing must include the date, time and place of the hearing referred to in article 113.65 (Hearing Procedure) and the name of the military judge who is assigned to preside at the hearing.
(4) The offender’s commanding officer shall, if the Chief Military Judge requests it, cause the notice of hearing that is to be delivered to the offender under paragraph (2) to be delivered to them as soon as feasible.
(5) A person who delivers a notice of hearing to the offender under paragraph (4) shall complete a confirmation of delivery in the following form:
CONFIRMATION OF DELIVERY
At (time) hours on (day, month, year), I personally delivered to (service number and rank (if applicable) and full name of the offender) a notice of a hearing relating to the alleged breach of a condition of an intermittent sentence order.
Dated this (day, month, year) at (place).
Signature of the person who made the delivery
(Service number and rank (if applicable) and full name of the person who made the delivery)
(6) The offender’s commanding officer shall ensure that the completed confirmation of delivery is forwarded to the Court Martial Administrator as soon as feasible.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.64 (1) is repealed, (2) and (3) are replaced]
113.65 – HEARING PROCEDURE
(1) In this article, hearing means a hearing before a military judge to consider an application made under subsection 148(4) of the Act.
(2) At the beginning of the hearing,
(a) if no order has been made to exclude the public and to the extent that accommodation permits, the public shall be admitted; and
(b) the following persons must take their places:
(i) the offender,
(ii) the representative of the Canadian Forces, and
(iii) the military judge.
(3) The military judge must identify themselves and ask if the offender or the representative of the Canadian Forces objects to the application being heard by the judge. Any objection must be disposed of in accordance with article 112.14 (Objections to the Constitution of the Court Martial), with any necessary changes.
(4) The military judge must
(a) take the oath prescribed in article 112.16 (Oath to be Taken by Judge Presiding at Court Martial) or make the solemn affirmation instead of the oath;
(b) dispose of any objection to an interpreter in accordance with article 112.15 (Objection to Interpreter);
(c) cause the court reporter to take the oath prescribed in article 112.18 (Oath to be Taken by Court Reporter) or make the solemn affirmation instead of the oath; and
(d) cause any interpreter to take the oath prescribed in article 112.19 (Oath to be Taken by Interpreter) or make the solemn affirmation instead of the oath.
(5) The representative of the Canadian Forces, followed by the offender, may make a statement that is pertinent to the application.
(6) The representative of the Canadian Forces, followed by the offender, may present evidence, including sworn witness testimony.
(7) The representative of the Canadian Forces, followed by the offender, may make representations. The representative of the Canadian Forces may reply to any representations made by the offender.
(8) The military judge must
(a) announce their decision as to whether there has been a breach of the conditions of the intermittent sentence order;
(b) if applicable, take one of the actions set out in subsection 148(5) of the Act; and
(c) after complying with article 113.68 (Obligations at Conclusion of Hearing), terminate the hearing.
(9) If a procedural matter is not provided for in this article, the provisions of Chapter 112 apply, with any necessary changes.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.65 is replaced]
(C) [1 September 2018; 20 June 2022 – Note to 113.65 is repealed]
113.66 – APPEARANCE BY TECHNOLOGICAL MEANS
The military judge presiding at the hearing referred to in article 113.65 (Hearing Procedure) may, with the consent of the offender and the representative of the Canadian Forces, permit any person to appear at the hearing by any means that allows the hearing participants, including witnesses, to engage in simultaneous visual and oral communication.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.66 is replaced]
“148 (5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may
(a) revoke the order made under subsection (1) and order that the offender serve the sentence on consecutive days; or
(b) vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit.”
(C) [1 September 2018; 20 June 2022 – Subsection 148(5) is replaced]
(1) A military judge presiding at the hearing referred to in article 113.65 (Hearing Procedure) who determines that the offender has breached a condition of the intermittent sentence order must, if the judge revokes the order and orders that the offender serve the sentence on consecutive days, commit the offender (see articles 114.02 – Warrant for Committal and 114.04 – Form of Committal Order).
(2) If, after determining that the offender has breached a condition of the intermittent sentence order, the military judge varies a condition of the order or adds or substitutes other conditions, the judge must
(a) make an amending order;
(b) cause a copy of the amending order to be given to the offender and the Director of Military Prosecutions; and
(c) explain the changes to the conditions to the offender and take reasonable steps to ensure that the offender understands the explanation given.
(3) If the military judge determines that the offender has not breached a condition of the intermittent sentence order or decides not to take any action in response to a breach, the judge must remind the offender that they remain bound by the order, as amended by any amending order.
(4) For greater certainty, failure to comply with subparagraph (2)(b) or (c) does not affect the validity of the amending order.
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.68 is replaced]
(C) [1 September 2018; 20 June 2022 – Notes to 113.68 are repealed]
(G) [P.C. 2018-0433 effective 1 September 2018; P.C. 2022-0268 effective 20 June 2022 – 113.69 is repealed]
[113.70 to 113.99: not allocated]
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