In R v. Gagnon, the CMAC ruled that, at every step of the judicial process, section 7 of the Canadian Charter of Rights and Freedoms (Charter) guarantees an accused the constitutional right to an independent prosecutor. it concluded that section 230.1 of the Act violates section 7 of the Charter and is not a reasonable limit to that section which can be justified in a free and democratic society.
The three judges deciding Gagnon suspended their constitutional declaration of invalidity for six  months (that is until June 2016) .
Pursuant to Section 245 of the NDA on February 9, 2016 the Minister of National Defence has appealed the CMAC decision to the Supreme Court of Canada.
See: Sa Majesté la Reine et al. c. J.G.A. Gagnon et al. - Case 35844
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