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The Court Martial Appeal Court dismissed Doug Allison’s appeal, holding that military jurisdiction and prosecution for impaired driving abroad were lawful and did not violate s. 7.
The Supreme Court held that requiring military judges to be officers does not violate s. 11(d) of the Charter, and dismissed the appeals.
The Court Martial Appeal Court held that the CFOO and related NDA provisions did not violate section 11(d), allowed the Crown appeals, and ordered the trials to proceed.
On a realistic, contextual assessment an informed person would not conclude the impugned order or the cited NDA provisions create an apprehension of bias; military judges meet minimum constitutional norms of independence and impartiality while subject to the Code of Service Discipline, so the Crown appeals are allowed, stays vacated and proceedings are to continue to trial; the cross-appeal challenging ss.12,18,60 NDA is dismissed.
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The Federal Court dismissed judicial review challenging the Deputy Chief Military Judge’s refusal to assign another military judge after recusal in Colonel Dutil’s court martial.
The Supreme Court held that National Defence Act ss. 130(1)(a) and 117(f) are not overbroad under s. 7 of the Charter and dismissed the appeals.
Although the Director of Military Prosecutions' decision to prefer and continue charges did not amount to an abuse of process warranting interference, the prosecution of this civilian in the military justice system in the specific factual circumstances was arbitrary and disproportionate contrary to s.7 of the Charter; accordingly the Standing Court Martial proceedings were terminated without adjudication as the appropriate remedy.
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Paragraph 130(1)(a) of the National Defence Act is not constitutionally overbroad because, properly interpreted, its broad language is constrained by the requirement of a military nexus; only offences whose commission is directly connected to military discipline, efficiency and morale may be prosecuted as service offences, so s.7 and other Charter rights were not violated and the appeals are dismissed.
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NDHQ INSTRUCTION - ADM(PER) 2/93 establishes specific criteria for voluntary unpaid Class A Reserve Service to be treated as "on duty"; those criteria were not met in Brady's case (no commanding officer authorization and no proper attendance record), therefore Brady was not "on duty" under s.60(1)(c)(iii) and the Court Martial had no jurisdiction; appeal dismissed.
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La Cour suprême examine si un policier militaire pouvait exiger un échantillon d’haleine d’un civil arrêté après une infraction sur une base militaire.
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