|The most important case to be heard by the|
Supreme Court since the 1992 Généreux decision
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.