Military court ruling to remain in place pending Supreme Court hearing

Jan 14, 2019 | 12:13 PM

OTTAWA — The Supreme Court of Canada will not suspend a court ruling labelling the military justice system unconstitutional.

The Court Martial Appeals Court made that ruling September because Forces members tried by military courts for serious crimes, including sexual assault and murder, are not allowed to have a jury trial.

A military prosecutor today asked the high court to suspend that ruling pending the outcome of an appeal arguing it was affecting discipline within the Forces.

The defence says there was no evidence to support the prosecutors’ claims and that upholding the ruling until the Supreme Court formally hears the case would benefit both victims and those accused of serious crimes.

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Supreme Court Justice Clement Gascon issued a ruling immediately on behalf of the court refusing to suspend the decision.

The Supreme Court is scheduled to officially hear the case in March.

The Canadian Press