Military court ruling to remain in place pending Supreme Court hearing
OTTAWA — The Supreme Court of Canada has refused to temporarily suspend a lower court’s bombshell ruling in a sexual-assault case that the military justice system is unconstitutional.
A five-judge panel rejected military prosecutors’ request for a stay on Monday after the prosecution tangled with defence lawyers over whether discipline within the Canadian Forces would suffer if September ruling were allowed to stand.
The case in question dates back to December 2014 when military police charged an Edmonton-based 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 that carries a maximum sentence of five or more years can request a trial by jury — except in cases involving military law tried before military tribunals.