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National Defence Act

Version of section 230.1 from 2003-01-01 to 2005-06-29:


Marginal note:Appeal by Minister

 The Minister, or counsel instructed by the Minister for that purpose, has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:

  • (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law;

  • (b) the legality of any finding of not guilty;

  • (c) the legality of the whole or any part of the sentence;

  • (d) the legality of a decision of a court martial that terminates proceedings on a charge or that in any manner refuses or fails to exercise jurisdiction in respect of a charge;

  • (e) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder;

  • (f) the legality of a disposition made under section 201, 202 or 202.16; or

  • (g) the legality of a decision made under subsection 196.14(1) or 196.15(1).

  • 1991, c. 43, s. 21
  • 2000, c. 10, s. 3

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