this article by Cristin Schmitz about the Supreme Court of Canada's recent decision in R. v. Moriarity 2015 SCC 55. Excerpt:
“Bottom line, the Supreme Court of Canada stated that the purpose of the military justice system is to deal with matters that pertain both directly and indirectly to military discipline,” said Lieutenant Commander Mark Létourneau, co-counsel for the four appellant Forces members who were variously convicted by service tribunals below of sex, drug and fraud crimes.
The decision “means that each and every conduct committed by a military person is subject to” the Code of Service Discipline, Létourneau said.
“It really boils down to status: if you’re military, or if you’re subject to the code, that’s it. You’re going to be under the jurisdiction of military courts — no matter how small, or how unrelated, that conduct may be to [Forces] discipline or to the operational efficiency of the military.”
In the wake of Moriar[i]ty “it becomes a political decision” whether to maintain the “blank cheque” the National Defence Act gives to military authorities, he suggested.Speaking of which, the window is still open for readers' suggestions as to how the National Defence Act might be changed in light of Moriarity. The usual Global Military Justice Reform ban on anonymous posts has been lifted for this purpose, so don't be shy. What change would you make? Please send your specific legislative language using the Comment function.