The proposed Canadian Armed Forces primary reserve unit would hold a platoon of 40 part-time personnel, who would train and help serve the Northwest if needed. (Canadian Press Photo)

Supreme Court of Canada says military’s no-juries justice system constitutional

Court upholds the established system of military justice

The Supreme Court of Canada says military members accused of serious offences under military law do not have the constitutional right to a civilian jury trial.

In a 5-2 decision released Friday, the court upheld the established system of military justice after a military court of appeal threw it into question last year.

Several military members accused of serious criminal and other non-military offences had argued that they had a right to trials by jury, as guaranteed to Canadians under the Charter of Rights and Freedoms.

They argued an exception to that right built into the Charter applied only to “pure” military offences, not ones that came from civilian law.

READ ALSO: $900M settlement reached in class action on sexual misconduct in Canadian military

But the court’s majority opinion found the section of military law that transforms serious civilian offences into military ones is constitutional.

The five members of the majority also said no additional military connection is needed beyond the fact the accused was a military member.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Child struck by vehicle in front of elementary school in Nanaimo

Six-year-old girl taken to Nanaimo Regional General Hospital with non life-threatening injuries

Crews called to two-vehicle crash on Departure Bay Road

Two people taken to hospital to be checked over after accident Wednesday evening

All Carlton Cards stores closing, including Nanaimo location

Schurman Retail Group stores across North America will close over the next four to six weeks

Nanaimo RCMP looking for man suspected of $25,000 credit fraud

Police allege suspect racked up debt under another person’s name

Man charged in Nanaimo mall crash-up fit for trial, says lawyer

Defence counsel for Joshua Tyler Schaeffer anticipates bail hearing Jan. 28

Four things ‘not’ to do if you run into Prince Harry and Meghan in B.C.

Here is a list of some things you definitely should NOT do, according to the BBC

B.C.-based Coulson Aviation C-130 crashes in Australia

Three people are confirmed dead in the crash in New South Wales

New nasal spray launched in Canada to combat hypoglycemic shock in diabetics

Baqsimi is a nasal spray contains three milligrams of glucagon

B.C. RCMP spent roughly $750K on massive manhunt for Port Alberni men

Manitoba RCMP helped with 17-day search through the province’s northern terrain

Future space homes could be made of mushrooms

NASA explores use of fungi to build structures in space

Rainfall warning issued for east Vancouver Island

Warning issued for area from Nanoose Bay to Campbell River

City of Nanaimo announces 10 new pieces of temporary outdoor public art

Sculptures will be installed at Maffeo Sutton Park and McGregor Park in May

NRGH gets 5-tonne MRI magnet

$1.97M magnet will boost hospital medical imaging suite capabilities

Most Read