The English-language version of the Court Martial Appeal Court of Canada's December 21, 2015 decision in R. v. Gagnon, 2015 CMAC 2, is now available. Comments will be most welcome. (Real names, please, comme d'habitude.)
Thank you for posting the English version of this decision which will most certainly have (and is having) reverberations throughout the Canadian Military Justice System.
In this decision the CMAC held that section 230.1 of the National Defence Act which confers the Crown's right of appeal to the Minister of National Defence has been declared as being invalid on the basis that it is inconsistent with the constitutional requirement of prosecutorial independence. The declaration of invalidity was suspended for a period of six (6) months ending on June 21, 2016.
This decision has now been appealed to the Supreme Court of Canada (Sa Majesté la Reine et al. c. J.G.A. Gagnon et al. File 36844. See link:
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Thank you for posting the English version of this decision which will most certainly have (and is having) reverberations throughout the Canadian Military Justice System.
ReplyDeleteIn this decision the CMAC held that section 230.1 of the National Defence Act which confers the Crown's right of appeal to the Minister of National Defence has been declared as being invalid on the basis that it is inconsistent with the constitutional requirement of prosecutorial independence. The declaration of invalidity was suspended for a period of six (6) months ending on June 21, 2016.
This decision has now been appealed to the Supreme Court of Canada (Sa Majesté la Reine et al. c. J.G.A. Gagnon et al. File 36844. See link:
http://www.scc-csc.ca/case-dossier/info/sum-som-fra.aspx?cas=36844