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Dalhousie Law Journal

Keywords

Supreme Court of Canada, judicial independence, Canadian Forces General Court Martial, military, Canadian Charter of Rights and Freedoms, tribunals

Abstract

In R. v. Genereux, the Supreme Court of Canada reviewed the structure of a Canadian Forces General Court Martial and found it to incorporate features which reasonably called its judicial independence into question. This was held to violate the rights of accused military personnel to a fair trial under sub-section 11(d) of the Canadian Charter of Rights and Freedoms. In arriving at this conclusion, the Supreme Court of Canada questioned the legitimacy of Canadian Forces provisions which structure a judicial process governing service personnel as separate and distinct members from the rest of the general population. The Court also reviewed the validity of traditional military values, which contrast with civilian attitudes of contemporary Canadian society.

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