26Insubordinate conduct

26  Insubordinate conduct  (a) the member engages in conduct that is threatening, insubordinate or insulting to a person; and  (b) the person is a superior officer.  (a) the member uses language that is threatening, insubordinate or insulting about a person; and  (b) the language is used in that person’s presence; and  (c) the person is a superior officer.  (3) An offence against this section is an offence of strict liability.  (4) It is a defence to a charge under this section if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the person against whom the offence is alleged to have been committed was a superior officer. Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.