The April 30, 2014 decision of the
Court Martial Appeal Court of Canada in
Larouche v. H.M. The Queen, 2014 CMAC 6, is now available in English translation
on the court's website. An earlier comment on the case can be found
here. The judgment holds that prosecutions for civil offenses under para. 130(1)(a) of the National Defence Act are permissible only if the circumstances satisfy the military nexus test articulated by Justice McIntyre in
MacKay v. The Queen, [1980] 2 S.C.R. 370. An offense that is "so connected with the service in its nature, and in the circumstances of its commission, that it would tend to affect the general standard of discipline and efficiency of the service" "pertains directly to the discipline, efficiency and morale of the military" [para. 124].
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