Canadian Chief Military Judge
Mario Dutil has handed down a potentially important ruling in
R. v. Karolyk, 2016 CM 1002 (General Court Martial Feb. 22, 2016). The decision--
[27] FINDS that subsection 129(2) of the National Defence Act violates the presumption of innocence protected by section 11(d) and is not saved under section 1 of Charter.
[28] DECLARES, under section 52 of the Constitution Act, 1982, that subsection 129(2) of the National Defence Act is void insofar as it makes an accused liable to be convicted despite the existence of a reasonable doubt on the essential element of prejudice to good order and discipline and because the presumption created in subsection 129(2) of the National Defence Act requires the trier of fact to convict in spite of a reasonable doubt.
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