BACK BACK | SHORT TITLE | |||
| 1. Short title - This Act may be cited as the National Defence Act. | |||
| R.S., c. N-4, s. 1. | |||
| INTERPRETATION | |||
| 2. (1) Definitions - In this Act, | |||
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"civil court" means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction;
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"civil custody" means the holding under arrest or in confinement of a person by the police or other competent civil authority, and includes confinement in a penitentiary or civil prison;
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"civil prison" means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined, and, if sentenced outside Canada, any prison, jail or other place in which a person, sentenced to that term of imprisonment by a civil court having jurisdiction in the place where the sentence was passed, can for the time being be confined;
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"detention barrack" means a place designated as such under subsection 205(1);
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"Minister" means the Minister of National Defence;
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"penitentiary"
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| (a) | means a penitentiary established under Part I of the Corrections and Conditional Release Act, | ||
| (b) | includes, in respect of any punishment of imprisonment for life or for two years or more imposed outside Canada pursuant to the Code of Service Discipline, any prison or place in which a person sentenced to imprisonment for life or for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can for the time being be confined, and | ||
| (c) | means, in any place outside Canada where there is no prison or place for the confinement of persons sentenced to imprisonment for life or for two years or more, a civil prison; | ||
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"service convict" means a person who is under a sentence that includes a punishment of imprisonment for life or for two years or more imposed on that person pursuant to the Code of Service Discipline;
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"service custody" means the holding under arrest or in confinement of a person by the Canadian Forces, and includes confinement in a service prison or detention barrack;
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"service detainee" means a person who is under a sentence that includes a punishment of detention imposed on that person pursuant to the Code of Service Discipline;
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"service prison" means a place designated as such under subsection 205(1);
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"service prisoner" means a person who is under a sentence that includes a punishment of imprisonment for less than two years imposed on that person pursuant to the Code of Service Discipline;
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| R.S., 1985, c. N-5, s. 2; R.S., 1985, c. 31 (1st Supp.), ss. 42, 60; 1991, c. 43, s. 11; 1992, c. 20, s. 216; 1993, c. 34, s. 91(F); 1995, c. 39, s. 175; 1998, c. 35, s. 1; 2001, c. 41, s. 97. | |||
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| PART
III CODE OF SERVICE DISCIPLINE | |||
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| DIVISION 8 PROVISIONS APPLICABLE TO IMPRISONMENT AND DETENTION | |||
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| Computation of Term | |||
| 204. (1) Commencement of term - Subject to subsection (3) and sections 215 to 218, the term of a punishment of imprisonment or detention shall commence on the date on which the service tribunal pronounces sentence on the offender. | |||
| (2) Time counted - The only time that shall be reckoned toward the completion of a term of a punishment of imprisonment or detention shall be the time that the offender spends in civil custody or service custody while under the sentence in which that punishment is included. | |||
| (3) Special case - Where a punishment referred to in subsection (2) cannot lawfully be carried out by reason of a vessel being at sea or in a port at which there is no suitable place of incarceration, the offender shall as soon as practicable, having regard to the exigencies of the service, be sent to a place where the punishment can lawfully be carried out, and the period of time prior to the date of arrival of the offender at that place shall not be reckoned toward the completion of the term of the punishment. | |||
| R.S., 1985, c. N-5, s. 204; 1998, c. 35, s. 57. | |||
| Service Prisons and Detention Barracks | |||
| 205. (1) Service prisons and detention barracks - In any proceedings to which the Crown is a party, costs may be awarded to or against the Crown. | |||
| (2) Corrective disciplinary measures for service prisons and detention barracks - The nature of and the manner of imposing corrective measures for breach of the regulations, orders and rules applicable in respect of service prisons and detention barracks by a person committed thereto as the result of a sentence passed on that person, and the terms and conditions of remission for good conduct of any part of a punishment involving incarceration, shall be as prescribed in regulations made by the Governor in Council. | |||
| (3) Limitations - Corrective measures referred to in subsection (2) shall not include whipping, paddling or any of the punishments referred to in paragraphs 139(1)(a) to (l) and shall not be so imposed as to increase the duration of any punishment involving a term of incarceration. | |||
| R.S., c. N-4, s. 177. | |||
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| Suspension of Imprisonment or Detention | |||
| 215. Service tribunal may suspend - Where an offender has been sentenced to imprisonment or detention, the carrying into effect of the punishment may be suspended by the service tribunal that imposed the punishment. | |||
| R.S., 1985, c. N-5, s. 215; 1998, c. 35, s. 60. | |||
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| Committal to Imprisonment or Detention | |||
| 219. (1) Committing authority - The Minister may prescribe or appoint authorities for the purposes of this section and section 220 and, in this section and section 220, an authority prescribed or appointed under this subsection is referred to as a "committing authority". | |||
| (2) Warrants for committal - A committal order, in such form as is prescribed in regulations, made by a committing authority is a sufficient warrant for the committal of a service convict, service prisoner or service detainee to any lawful place of confinement. | |||
| (3) Authority for transfer - A committing authority may, by warrant, order that a service convict, service prisoner or service detainee be transferred, from the place to which that convict, prisoner or detainee has been committed to undergo punishment, to any other place in which that punishment may lawfully be put into execution. | |||
| (4) Custody pending delivery on committal and during transfer - A service convict, service prisoner or service detainee, until delivered to the place where that convict, prisoner or detainee is to undergo punishment or while being transferred from one such place to another such place, may be held in any place, either in service custody or in civil custody, or at one time in service custody and at another time in civil custody, as occasion may require, and may be transferred from place to place by any mode of conveyance, under such restraint as is necessary for the safe conduct of that convict, prisoner or detainee. | |||
| R.S., c. N-4, s. 187. | |||
| 220. (1) Committal of service convicts - A service convict whose punishment of imprisonment for life or for two years or more is to be put into execution shall as soon as practicable be committed to a penitentiary to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service convict be committed to a service prison to undergo the punishment or any part of the punishment. | |||
| (2) Committal when unexpired term less than two years - Where a committing authority orders the committal to a penitentiary of a service convict, part of whose punishment has been undergone in a service prison, the service convict may be so committed notwithstanding that the unexpired portion of the term of that punishment is less than two years. | |||
| (3) Committal of service prisoners - A service prisoner whose punishment of imprisonment for less than two years is to be put into execution shall as soon as practicable be committed to a civil prison to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service prisoner be committed to a service prison or detention barrack to undergo the punishment or part thereof. | |||
| (4) Committal of service detainees - A service detainee whose punishment of detention is to be put into execution shall as soon as practicable be committed to a detention barrack to undergo the punishment. | |||
| R.S., 1985, c. N-5, s. 220; 1998, c. 35, s. 62. | |||
| Temporary Removal from Incarceration | |||
| 221. Authority for temporary removal - Where the exigencies of the service so require, a service convict, service prisoner or service detainee may, by an order made by a committing authority referred to in section 219 or 220, be removed temporarily from the place to which he has been committed for such period as may be specified in that order but, until returned to that place, any person removed pursuant to this section shall be retained in service custody or civil custody, as occasion may require, and no further committal order is necessary on the return of the person to that place. | |||
| R.S., c. N-4, s. 188. | |||
| Rules Applicable to Service Convicts and Service Prisoners | |||
| 222. (1) Rules of penitentiaries and civil prisons to apply - A service convict, while undergoing punishment in a penitentiary, or a service prisoner, while undergoing punishment in a civil prison, shall be dealt with in the same manner as other prisoners in the place where that convict or prisoner is undergoing punishment, and all rules applicable in respect of a person sentenced by a civil court to imprisonment in a penitentiary or civil prison, as the case may be, in so far as circumstances permit, apply accordingly. | |||
| (2) Jurisdiction and discretion of National Parole Board - Where the punishment of a service convict undergoing punishment in a penitentiary or a service prisoner undergoing punishment in a civil prison is not suspended, mitigated, commuted or remitted under this Act within six months after the date of the committal of that convict or prisoner to that penitentiary or civil prison, the National Parole Board has, subject to Part II of the Corrections and Conditional Release Act, exclusive jurisdiction and absolute discretion to grant, refuse to grant or revoke the parole of that convict or prisoner. | |||
| R.S., 1985, c. N-5, s. 222; 1992, c. 20, s. 215; 1998, c. 35, s. 63. | |||
| Validity of Documents | |||
| 223. Legalization and rectification - The custody of a service convict, service prisoner or service detainee is not illegal by reason only of informality or error in or in respect of a document containing a warrant, order or direction issued in pursuance of this Act, or by reason only that the document deviates from the prescribed form, and any such document may be amended appropriately at any time by the authority that issued it in the first instance or by any other authority empowered to issue documents of the same nature. | |||
| R.S., c. N-4, s. 190. | |||
| Mental Disorder during Imprisonment or Detention | |||
| 224. Persons in penitentiaries or civil prisons - A service convict or service prisoner who, having been released from the Canadian Forces, is suffering from a mental disorder while undergoing punishment in a penitentiary or civil prison shall be treated in the same manner as if the convict or prisoner were a person undergoing a term of imprisonment in the penitentiary or civil prison by virtue of the sentence of a civil court. | |||
| R.S., 1985, c. N-5, s. 224; 1991, c. 43, s. 20. | |||
| 225. [Repealed, 1991, c. 43, s. 20] | |||
| Transfer of Offenders | |||
| 226. (1) Transfer of offenders - A person who has been found guilty of an offence by a civil court in Canada or by a civil or military tribunal of any country other than Canada and sentenced to a term of incarceration may, with the approval of the Chief of the Defence Staff or an officer designated by the Chief of the Defence Staff, be transferred to the custody of the appropriate civil or military authorities of Canada for incarceration under this Act. | |||
| (2) Imprisonment or detention of offenders transferred - A person transferred under subsection (1) may, in lieu of the incarceration to which that person was sentenced, be imprisoned or detained for the term or the remainder of the term of incarceration to which he was sentenced as though that person had been sentenced to that term by a service tribunal, and the provisions of this Division are applicable in respect of every person so transferred as though the person had been so sentenced. | |||
| (3) Restriction - A person who has been found guilty of an offence by a civil court in Canada shall not, | |||
| (a) | if sentenced by the civil court to a term of less than two years, be transferred under subsection (1) without the consent of the attorney general of the province in which that person is incarcerated; or | ||
| (b) | if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada. | ||
| R.S., 1985, c. N-5, s. 226; 1998, c. 35, ss. 64, 92. | |||
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