Friday, July 26, 2019

SCC decides Stillman, Beaudry cases

By a 5-2 vote, the Supreme Court of Canada today decided Stillman v. H.M. The Queen, No. 37701, and related cases under the Code of Service Discipline. From the summary by the court's communications staff:
The majority at the Supreme Court said military members could be tried for civilian crimes without juries. The Constitution gives Parliament power over the military. This includes the power to pass a law saying that civilian crimes committed by military members are service offences. This makes them offences under military law. The majority noted that when a military member commits a civilian crime (even in a non-military setting), that has an impact on discipline, efficiency, and morale. Because of all this, the majority concluded that when a military member is charged with a civilian crime, the military exception under section 11(f) of the Charter applies. That means there is no right to be tried by a jury.
Justices Moldaver and Brown jointly wrote for the majority; Justices Karakatsanis and Rowe had a joint dissent.

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