Thursday, November 6, 2014

Application for leave dismissed in Wehmeier case

Supreme Court of Canada
On October 30, 2014, the Supreme Court of Canada (per Abella, Rothstein and Moldaver, JJ.) dismissed the Crown's application for leave to appeal the decision of the Court Martial Appeal Court of Canada in H.M. The Queen v. Wehmeier, 2014 CMAC 5. No costs. The CMAC decision is discussed herePaul Wehmeier was a civilian employee of the Canadian Forces in Germany. The CMAC had held his military prosecution arbitrary because [para 58] "it lacks any connection with the objectives sought to be achieved by making accompanying civilians subject to the" Code of Service Discipline.

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