Any of these punishments that are within the scope of the scale of punishments set out in subsection 139(1) of the National Defence Act that are above the level of severe reprimand would no doubt obtain, if someone were guilty of allowing the enemy to escape either wilfully or through negligence, during wartime, or if one was charged with the defence or guarding of a known terrorist.
I do want to enlighten my colleagues as to what exactly is included if someone breaches section 100 of the National Defence Act. It's not simply someone who lets the enemy go after being charged with the requirement of retaining a prisoner of war, or retaining some known terrorist in order to prevent them from committing acts of terror or violence. That's not what this is specifically aimed at. This is a very broad offence, the purpose of which, according to Canadian Military Law Annotated, is to prohibit people from facilitating the unauthorized release or escape of a person in custody. Custody is not specifically defined in this act, so there is a very broad definition. It applies to anyone who is subject to the code of service discipline, in other words, the people who can be charged, or the people being charged under this, armed service people, or it could be civilians in certain circumstances, but the person whom the accused assists, sets free, or allows to escape, is not limited to a person subject to the code of service discipline nor must that person be a Canadian citizen.
So, yes, Mr. Alexander, you're right, as is indicated by this annotation as well as by Colonel Gibson. But in fact, not only is it limited to a particular jurisdiction, it could happen anywhere in the world. But the phrase “authorizes or otherwise facilitates the setting free”, indicates that the accused—