Military Upheld

From the CBC:

“Military justice system doesn't breach charter rights, Supreme Court rules”

The Supreme Court of Canada released a decision Friday saying military members charged with serious civilian crimes do not automatically have the right to a jury trial.  Canada's military justice system doesn't contravene the Charter of Rights and Freedoms and can remain as is, the country's top court has ruled. In a 5-2 decision released Friday, the Supreme Court found members of the military do not have the right to a trial by jury for serious crimes — such as sexual assault — if they are tried under the military justice system. The top court weighed in after conflicting rulings in lower courts over what the charter says about the right to a jury trial — with one appeal stating a master corporal accused of sexual assault should have been tried before a jury, as he had requested. There are no juries in the military system, only courts martial with a judge and a military panel. The decision revolves around a section of the charter that says anyone charged with a serious crime garnering five years of prison or more has the right to a trial by jury, except if that person is charged with an offence under military law before a military tribunal. While the majority on the Supreme Court said simply being a soldier is enough to push a case to a military tribunal, the two dissenting justices ruled the military connection to the crime should be stronger, for example, if the accused was on duty or the crime was committed on a military base. The ruling doesn't mean every serious crime committed by a soldier would be tried at a military tribunal. It remains at the discretion of the prosecution whether to push cases to the civilian justice system.

^ This is interesting. I would assume that any civilian crime committed by a solider would be tried in a civilian court depending on where the crime occurred and that any military crime committed by a solider would be tried by a military court. ^

https://www.cbc.ca/news/politics/supreme-court-military-constitution-justice-1.5226104