Thursday, December 11, 2014

Supreme Court of Canada - Hearings - Moriarity - May 12, 2015

The  most important case to be heard by the
Supreme Court since the 1992 Généreux decision
News from frosty Ottawa.

The Supreme Court of  Canada (SCC) has now scheduled the hearing of Second-Lieutenant Moriarity v. Her Majesty the Queen for May 12, 2015. The Supreme Court will then be asked to decide:
  • whether paragraph 130(1)(a) of the National Defence Act, which imports into the Act all the Canadian Criminal Code and federal statutory offences, violates section 7 and paragraph 11(f) of the Charter of Rights and Freedoms;
  • whether the Court Martial Appeal Court erred in finding that the military nexus doctrine applies to paragraph 130(1)(a) of the National Defence Act; and
  • Whether paragraph 130(1)(a) of the National Defence Act is constitutional.  
As noted earlier, the Moriarity case is no doubt the most important case in military law to reach the Supreme Court of Canada since Généreux in 1992: R. v. Généreux, (1992) 1 S.C.R. 259.  (See The Time Has Come (link) on Monday, November 10, 2014)

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