Tuesday, March 26, 2019

An inconclusive hearing in Ottawa -- or at least one that's tough to handicap

The CBC's Murray Brewster has this after-action report on today's Supreme Court of Canada hearing in the Beaudry and Stillman cases. Excerpt:
Rory Fowler, a retired lieutenant-colonel and former military lawyer now in private practice, said he's not willing to speculate on which way the court will jump. Either way, he said, it could have a profound impact on the military.

The most far-reaching decision the Supreme Court could make, he said, would be to side with the appeals court and end the military's power to pursue serious offences through courts martial and summary trials.

"That means they don't get to prosecute sexual assault," said Fowler. "They don't get to prosecute assault. They don't get to prosecute assault causing bodily harm. They don't get to prosecute a great many Criminal Code offences because a great many Criminal Code offences have punishments of five years or more."

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