section 487.0552(2)

INTRODUCTION AND BRIEF DESCRIPTION

A lawful command preventing compliance with an order or summons is a reasonable excuse if the person is subject to the Code of Service Discipline within the National Defence Act.

SECTION WORDING

487.0552(2) For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

EXPLANATION

Section 487.0552(2) of the Criminal Code of Canada provides an exception for individuals who are subject to the Code of Service Discipline under the National Defence Act and cannot comply with an order or summons due to a lawful command. In other words, if a person is a member of the military and is issued a lawful command that prevents them from fulfilling a court order or summons, they will be excused from compliance. This section is important because it recognizes the unique circumstances faced by military personnel and aims to ensure that their duties and responsibilities to the military do not conflict with the legal system. For instance, if a soldier is ordered to deploy overseas, they may not be able to appear in court to comply with a summons or order. This provision allows for the command to be considered a "reasonable excuse" for non-compliance. However, it's important to note that this provision only applies if the command is lawful and issued within the context of the military's rules and regulations. It does not excuse non-compliance due to personal beliefs or other reasons unrelated to military duties. Overall, this section recognizes the importance of balancing the obligations of military service with compliance with the legal system and provides a tailored exception for military personnel who may find themselves in conflict between these two responsibilities.

COMMENTARY

Section 487.0552(2) of the Criminal Code of Canada is a provision that recognizes the unique situations faced by individuals who are subject to the Code of Service Discipline under the National Defence Act. This provision offers a lawful excuse for these individuals to avoid compliance with an order or summons when they are prevented from doing so by a lawful command. The Code of Service Discipline is a set of rules and regulations that govern the conduct of members of the Canadian Forces. The Code is intended to maintain discipline and promote the efficiency of the Canadian Forces. The Code covers various offenses and violations, including insubordination, desertion, and disobedience of lawful orders. The Code of Service Discipline is enforced through a specialized court system, including a Court Martial, which is composed of military judges and panel members. Section 487.0552(2) recognizes that members of the Canadian Forces may face unique situations that prevent them from complying with an order or summons. For example, a member may be on active duty in a combat zone and unable to leave their duty station to comply with a court summons. In such cases, a lawful command that prevents the member from complying with the order or summons is deemed a reasonable excuse, and the member will not be penalized for non-compliance. This provision recognizes the importance of maintaining a disciplined and efficient military force while recognizing the unique situations faced by members of the Canadian Forces. The provision strikes a balance between a member's duty to comply with orders and the realities of serving in the military. It also reinforces the authority of military commanders to issue lawful orders to their subordinates without the fear of those orders being countermanded by civilian authorities. It is also worth noting that the provision's language is narrow in scope, only applying to members of the Canadian Forces who are subject to the Code of Service Discipline. It does not apply to other individuals who may face similar circumstances. This recognition is significant because it reaffirms the importance of having a separate legal framework for members of the Canadian Forces, acknowledging that military service comes with unique obligations and responsibilities. In conclusion, Section 487.0552(2) of the Criminal Code of Canada is an essential provision that recognizes the unique situations faced by members of the Canadian Forces. It provides a lawful excuse for individuals subject to the Code of Service Discipline who are prevented from complying with an order or summons because of a lawful command. The provision strikes a balance between maintaining military discipline and recognizing the realities of military service, reinforcing the unique legal framework for members of the Canadian Forces.

STRATEGY

Section 487.0552(2) of the Criminal Code of Canada provides a legal defense for individuals who are subject to the Code of Service Discipline under the National Defence Act. This section clearly states that a lawful command that prevents a person from complying with an order or summons is a reasonable excuse. This means that if someone in the military is given a lawful command that prevents them from complying with an order or summons, they can use this as a defense in court. Strategic Considerations When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. The following are some key factors to consider: 1. Understanding the Scope of the National Defence Act It is important to have a thorough understanding of the National Defence Act, which governs the military justice system in Canada. This includes understanding the different types of offenses that can be committed under the Code of Service Discipline and the procedures and rules that govern military investigations, discipline, and trials. 2. Preparation When preparing a defense, it is important to gather as much evidence as possible to support the assertion that a lawful command prevented compliance with an order or summons. This may involve interviewing witnesses, obtaining documents and other evidence, and working with military investigators and lawyers. 3. Legal Representation It is essential to have competent and experienced legal representation that understands the nuances of military law and can provide effective guidance and advocacy throughout the legal process. Strategies That Could be Employed There are several strategies that could be employed when using this section of the Criminal Code of Canada as a defense. The following are some examples: 1. Arguing that the Command Was Lawful To use this defense successfully, it is important to establish that the command that prevented compliance with an order or summons was lawful. This may involve demonstrating that the commander had the authority to issue the command and that the command was consistent with relevant military regulations and protocols. 2. Demonstrating that Compliance Would Have Been Impossible Another strategy is to demonstrate that compliance with the order or summons would have been impossible, even if the individual had attempted to do so. This may involve showing that the individual was in a location or situation that prevented compliance, or that the order or summons was not feasible or appropriate under the circumstances. 3. Presenting Evidence of Exigent Circumstances A third strategy is to present evidence of exigent circumstances that made compliance with the order or summons impractical or impossible. This could include showing that the individual was engaged in a military operation or was in a situation that posed a serious threat to their safety or the safety of others. Conclusion Section 487.0552(2) of the Criminal Code of Canada provides a legal defense for military members who are prevented from complying with an order or summons due to a lawful command. To use this defense successfully, it is important to understand the scope of the National Defence Act, gather and present strong evidence, and work with effective legal representation. By employing the right strategies and taking the appropriate precautions, military members can effectively defend themselves against charges under the Code of Service Discipline.