R v Allison, 2025 CMAC 3 - Jurisdiction of military courts over civilians

On Thursday, 6 November 2025, the Court Martial Appeal Court of Canada (CMAC) handed down its judgment in R v Allison, 2025 CMAC 3.  It did not come as much of a surprise to counsel for the appellant.  Following the hearing of the appeal, counsel anticipated that the Court would overturn R v Wehmeier, 2014 CMAC 5.

The Court - comprised of an impressive panel of Chief Justice Gleason, accompanied by Stratas and Trotter JJA - did not expressly indicate that it was overturning Wehmeier.  However, from the perspective of the Appellant, it certainly could appear that they were.

The judgment was not particularly lengthy.  Some observers might be disappointed with the dearth of discussion in the judgment relating to the history of the jurisdiction of the Code of Servicer Discipline over civilians.  And they would be justified in that disappointment.  Similarly, there was negligible discussion of the broad panoply of scholarship on this subject.  This judgment has the potential to inform other jurisdictions, in particular, other Common Law jurisdictions.  Consequently, one might have reasonably expected a more profound discussion of the elements at issue.

The question now is whether the Appellant will seek Leave to Appeal to the Supreme Court of Canada (SCC).  A unanimous decision of the CMAC precludes appeal as of right.

Some observers may recall the CMAC judgment in R v McGregor, 2020 CMAC 8 - also a unanimous judgment of the CMAC - for which the SCC granted Leave to Appeal, resulting in the judgment at R v McGregor, 2023 SCC 4.  McGregor focused on the extra-territorial application of the Canadian Charter of Rights and Freedoms.  Time will tell if Allison will also benefit from a similar opportunity.  

In any event, it is certain to be the subject of scholarly analysis in the months to come.  Ironically, this judgment, which reinforced a broad application of military law over civilians, was handed down the same day that the Standing Committee on National Defence was examining Bill C-11, which (among other facets) will limit the jurisdiction of the Code of Service Discipline over 'criminal offences of a sexual nature' that are alleged to have occurred in Canada.