Tuesday, June 5, 2018

Where should this case be tried?

This news report of a Canadian court-martial lacks important details. It's an off-base, off-duty charge of sexual assault. The two knew one another from a military context, but it is not entirely clear from the article that the victim is or was a uniformed member. Either way, should the case be tried in a court-martial? Is the victim's military status a sufficient nexus? Why not a civilian trial? Has the accused challenged subject matter jurisdiction or the loss of his right under the Charter to trial by jury? 

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).