Military justice on trial as sex-assault cases withdrawn

The Canadian Forces have withdrawn sexual-assault charges against two military members, including a senior officer, because of an earlier court ruling that questioned the validity of some aspects of the military justice system.

Military spokesman Maj. Doug Keirstead confirmed that, as a result of a Court Martial Appeal Court of Canada decision in September, prosecutors have withdrawn charges of sexual assault against Lt.-Col. Stephan Popowych and Master Cpl. Maxime Demers.

Demers was charged last year with one count of sexual assault after an alleged incident at a home in Halifax in June 2014. The alleged victim was also in the armed forces.

Last year, the Canadian Forces National Investigation Service charged Popowych with one count of sexual assault related to an alleged assault against a civilian in Kingston, Ont., in 1999, when the accused was a student at the Royal Military College.

The decision to withdraw the charges is related to a September 2018 ruling by the military’s appeals court in another sexual-assault case, against Master Cpl. Raphael Beaudry of Edmonton.

That ruling has shaken the military justice system, which has now gone to the Supreme Court to resolve the issue.

“It is important to note that the prosecution does not consider the Popowych and Demers matters ‘dropped’, ” Keirstead said.