CMAC Rules Military Judges Are Not Independent or Impartial: R v Christmas
On February 2, 2023, the Supreme Court of Canada (“SCC”) granted leave to appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R v Christmas,...
Tagged: military law
Free Pass Faux Pas: The Charter Still Applies to Extraterritorial Activities
Introduction In R v McGregor, 2023 SCC 4 [McGregor], the Supreme Court of Canada (“SCC”) dismissed an appeal from the Court Martial Appeal Court of Canada. This case involves the...
Appeals Watch: Judicial Independence and the Military Chain of Command – SCC grants leave in R v Brown.
Introduction On February 2, 2023, the Supreme Court of Canada (“SCC”/“Court”) granted leave for an appeal from the Court Martial Appeal Court of Canada (“CMAC”) in the case of R...
Applying the Charter to State Actors Abroad: SCC Grants Leave in Corporal C.R. McGregor v Her Majesty the Queen
The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v...
