Judicial independence--Canada

The Canadian Civil Liberties Association reports their Intervention in R. v. Edwards.

The CCLA will appear as an intervenor before the Supreme Court of Canada in R. v. Edwards et al. on Monday, October 16, 2023.

This appeal comes on the heels of decisions by military judges which held that the role and status of military judges as military officers in the chain of command compromises their institutional independence, denying an accused their right to a hearing before an independent and impartial tribunal under s. 11(d) of the Charter. The CCLA’s main concern in this case is how the decision by the court below, the Court Martial Appeal Court of Canada (“CMAC”), interpreted s. 11(d) of the Charter and the implications for judicial independence.