32Person on guard or on watch

32  Person on guard or on watch  (1) A defence member commits an offence if the member is on guard duty or on watch and the member:  (a) sleeps at the member’s post or on watch; or  (b) is not on duty at a post but sleeps when the member’s duty requires him or her to be awake; or  (c) is intoxicated; or  (d) leaves his or her post before being regularly relieved or otherwise absents himself or herself from a place where it is the member’s duty to be.  (2) Strict liability applies to paragraphs (1)(a), (b), (c) and (d). Note 1: For strict liability, see section 6.1 of the Criminal Code. Note 2: For the meaning of intoxicated, see subsection 3(1).  (3) A defence member commits an offence if the member:  (a) is engaged on service in connection with operations against the enemy; and  (b) is on guard duty or on watch; and  (c) engages in conduct that constitutes an offence against subsection (1).  (4) Strict liability applies to paragraph (3)(c).  (6) It is a defence if a person charged with an offence under this section proves that he or she had a reasonable excuse for engaging in the relevant conduct. Note: The defendant bears a legal burden in relation to the matter in subsection (6). See section 13.4 of the Criminal Code.