By Canadian Press

Court drops bomb by ruling against constitutionality of military justice system

Sep 28, 2018 | 1:15 PM

OTTAWA — Canada’s military justice system is in danger of being blown up following a bombshell court ruling that found the current process of trying service members for serious civil crimes — including sexual assault and murder — violates their charter rights.

The ruling was quietly rendered last week by the military’s appeals court, and prosecutors are now scrambling to save the current system by asking the Supreme Court of Canada to stay the decision until it can make its own determination.

But even as some inside the Canadian Forces warn about the damage the ruling will cause if it is allowed to stand, some legal experts say the decision is long overdue — and should spark a much-needed overhaul of the court-martial system.

The case in question dates back to December 2014 when military police charged an Edmonton-based soldier, Master Cpl. Raphael Beaudry, with one count of sexual assault causing bodily harm.

While anyone accused of such a crime can request a trial by jury, Beaudry’s request was denied because his offence was deemed to have fallen under military law.

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But in its majority ruling, the Court Martial Appeals Court found that “civil offences are not offences under military law” — meaning Beaudry and others charged with serious criminal code offences should be allowed to stand trial by jury.

The military’s top prosecutor has since asked the Supreme Court to suspend the decision until the top court can hear an appeal, and warned that a failure to do so could affect 40 cases that are currently in the system.

The Canadian Press