Ruling drops bomb on military justice system

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 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 would cause if it’s allowed to stand, others say it’s long overdue — and should spark a much-needed overhaul of the system. The case in question dates back to December 2014 when military police charged an Edmontonbased soldier, Master Cpl. Raphael Beaudry, with one count of sexual assault causing bodily harm.

The Charter of Rights and Freedoms says anyone accused of a crime with a maximum sentence of five or more years can request a trial by jury — except in cases involving military law tried before a military tribunal.

But a special provision in the National Defence Act, which regulates the Forces, says civil cases such as sexual assault and murder can be considered military law even if the alleged offence was not related to an accused’s military service.