Monday, March 2, 2015

Canadian sexual assault charge dismissed for lack of military nexus

Standing Court Martial,
Valcartier, Québec, Canada
January 13, 2015
In R v. Thibault, 2015 CM 1001, a Standing Court Martial presided over by Colonel Mario Dutil, Chief Military Judge, declined jurisdiction to try the infantry corporal accused of sexual assault of a female corporal – a member of the Military Police - in August 2011 in a private residence.

This decision  followed the ruling made by the Court Martial Appeal Court of Canada in Moriarity v. Canada, 2014 CMAC 1, which held that military prosecutions before military tribunals can only take place when the requirement for military nexus is satisfied. In the absence of a such a military nexus, an accused's constitutional right to a jury trial before a civilian court should be respected. Of note, an appeal of the Moriarity case is scheduled to be heard before the Supreme Court of Canada on May 12, 2015.

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).