Supreme Court to hear case on constitutionality of military justice system
OTTAWA — The Supreme Court of Canada has agreed to hear a case that challenges the constitutionality of the military court martial system and, if successful, could have dramatic ramifications for the Canadian Forces.
The case was brought by Master Cpl. Clarence Stillman and eight other current and former Forces members who say their rights were infringed because, under the military system, they were not entitled to have their cases heard by a jury.
The Court Martials Appeal Court of Canada rejected the challenge against the court-martial system last year, after which Stillman and the others asked the Supreme Court to hear the case.
A positive finding by the Supreme Court would represent a blow to the existing court-martial system and force officials — and the federal government — to rethink how they prosecute criminal cases in the military.