#courtmartial

R v Beaudry: Is Canada’s Military Justice System Unconstitutional?

Later this month the Supreme Court of Canada (“SCC”) will hear a case that will determine “the future of the military justice system in Canada” (Chief Justice Bell in R v Beaudry, 2018 CMAC 4, para 73 [Beaudry]). The case is the federal Crown’s constitutional appeal of the Court Martial Appeal Court’s (“CMAC”) decision in […]

R v Moriarity: Reconfirming the Jurisdiction of Court Martial in Canada

In R v Moriarity, 2015 SCC 55 [Moriarity], the Supreme Court of Canada (“SCC”) looked at whether certain provisions of the National Defence Act, RSC 1985, c N-5 [NDA] are overbroad and contrary to section 7 of the Canadian Charter of Rights and Freedoms [Charter]. The practical consequences of the case have to do with […]