Mr. Smith (Calgary West):
This section reads as follows:
Where at any time after a trial by court martial commences and before the finding of the court martial is made, it appears that there is sufficient reason to doubt whether the accused person is then, on account of insanity, capable of conducting his
defence, an issue shall be tried and decided by that court martial as to whether the accused person is or is not then, on account of insanity, unfit to stand or continue his trial.
The section states that whenever at any time, after a trial commences this appears, then the issue shall be tried. Is that just the usual criminal procedure, making a distinction between insanity at the time of the trial, which will affect the continuation of the trial, and insanity at the time the offence is committed? I gather that somewhere, perhaps subsequently, that other branch of it is taken care of.
Subtopic: CONSOLIDATION AND REVISION OF EXISTING LEGISLATION
Sub-subtopic: CODE OF SERVICE, DISCIPLINE, ETC.