The Canadian Armed Forces v. the Charter of Rights

This article was originally published on the Canadian Centre for Strategic Studies’ website at

In an appeal that has left military prosecutors scrambling, the constitutionality of the Canadian military justice system is being put on trial. In a decision rendered on September 19th, the Court Martial Appeal Court (CMAC) ruled that the Canadian Armed Forces’ (CAF) current process for trying service members violates their charter rights.1 If the government fails to reverse the decision before the Supreme Court of Canada (SCC), an overhaul of the military justice system will be in order. The likelihood of their success is far…

Jason Poirier Lavoie

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