Military trials: public safety in mental‑disorder cases

Summary#

This order fixes June 20, 2022 as the day certain parts of the Not Criminally Responsible Reform Act come into force. Those parts change the National Defence Act rules for military trials when an accused is found unfit or not criminally responsible because of a mental disorder.

What it does#

• Brings sections 21 to 31 of the Not Criminally Responsible Reform Act into force on June 20, 2022.
• Requires a court martial to treat the safety of the public as the paramount consideration when deciding what to do with someone found unfit to stand trial or not criminally responsible because of mental disorder.
• Creates a process for the Director of Military Prosecutions to ask a court martial to designate a person as a high‑risk accused. To be designated, the accused must have been 18 years or older at the time of the offence and found not criminally responsible for a serious personal‑injury offence. The court considers the offence, any repeated behaviour, and current mental condition.
• Adds definitions for “disposition” and “significant threat to the safety of the public” to align military law with recent Criminal Code changes.
• Lets the court suspend an unconditional release from custody while an appeal is pending.
• Gives victims more formal roles: courts must notify victims about disposition hearings or releases, and must consider victim impact statements.
• Adds new appeal grounds related to whether someone is (or is not) found to be a high‑risk accused, or if that designation is revoked.
• Requires changes to the Queen’s Regulations and Orders so military regulations match the new law.
• Calls for a parliamentary committee review of how sections 197 to 233 of the National Defence Act operate.

Who's affected#

• Members of the Canadian Armed Forces who are charged with service offences and later found unfit or not criminally responsible because of a mental disorder.
• People accused of serious personal‑injury offences who were 18 years or older at the time of the alleged offence, since they could be designated high‑risk.
• Victims of these offences, who will get notice of hearings and can submit impact statements.
• The Director of Military Prosecutions, military judges, court martial staff, and others who work in the military justice system.
• The general public, insofar as the changes are meant to prioritize public safety in these cases.

If any part of who is affected is unclear from the order, that uncertainty is reflected here.

Why it matters#

• It shifts the military justice system toward treating public safety as the top priority when dealing with accused people found not criminally responsible for mental disorder.
• Victims get clearer rights to be told about hearings and to make their views known.
• The new “high‑risk accused” tool gives courts a formal way to keep someone under stricter supervision if they pose a significant threat.
• Aligning military rules with civilian law aims to make outcomes more consistent between military and civilian systems.