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.

Just Posted

Chemainus Theatre offers fall fun with ‘Lumberjacks in Love’

Are you ready for a musical called Lumberjacks in Love? Join the crowd for a fun night out

Roe leads Cowichan contingent at lacrosse Worlds

Defender locks up NLL deal after helping England to fourth

Two RCMP vehicles vandalized in Duncan over long weekend

Local Mounties asking for help in finding culprits

2 guitar trios combine for a powerhouse evening of music at Cowichan Theatre

California and Montreal Guitar Trios are coming together to Duncan for a great show

Brothers in Cowichan Valley win big in lottery for 2nd time

Playing same numbers net big wins over a three year period

VIDEO: U.S. officials refute British couple’s ‘accidental’ border-crossing claim

Authorities say couple was arrested after illegal entry from B.C., with $16,000 and marijuana

Woman, 24, faces life-altering injuries after being dragged 4 blocks by vehicle in Vancouver

A gofundme account says the woman will have to undergo multiple complex surgeries

Fatal overdoses down by 33% in B.C., but carfentanil deaths continue to spike

Carfentanil, an illicit drug more powerful than fentanyl, causing more deaths than ever

One person hurt in crash at busy Nanaimo intersection

Minivan, sport utility vehicle collide at old Island Highway, Bowen Road and Norwell Drive

A year after pot legalization in Canada, it’s a slow roll

It’s one year into Canada’s experiment in legal marijuana, and hundreds of legal pot shops have opened

ELECTION 2019: Climate strikes push environment to top of mind for federal leaders

Black Press Media presents a three-part series on three big election issues

Suspect hits woman with pipe, jumps into waiting truck in downtown Nanaimo

Police say victim believes ‘vicious assault’ was an attempted purse-snatching

Most Read