Hearings by Court Martial Appeal Court - January 22, 2016
The appeal was heard on Friday January 22, 2016 the CMAC (Dawson, Trudel and Rennies J.JA)
In Mackay v. The Queen  2 S.C.R. 370, 380, a pre-Charter case, the Supreme Court of Canada held that the trial of a soldier by a military tribunal did not offend the Canadian Bill of Rights guarantees of equality before the law. However, in R. v. MacDonald (1983) 140 D.L.R. (3d) 620 (Court Martial Appeal Court), it was held that, to come within the phrase 'offence under military law' in subsection 11(f), an offence must be with the definition in the National Defence Act and have a 'military nexus'.