OTTAWA -- The Supreme Court of Canada will hear a case that challenges the constitutionality of the military court martial system.
The appeal is under the name of Master Cpl. C.J. Stillman, but includes eight other appellants who also argue that their rights were infringed because under the military system, they are not entitled to have their cases heard by a jury.
In 2015, the Supreme Court dismissed an appeal against the court martial system under Sec. 7 of the Charter of Rights and Freedoms, but left open the question of whether the system violated Sec. 11.
The latter section protects the right to a jury trial for anyone charged with an offence punishable by five or more years in prison, but contains a specific exemption for an offence under military law tried by a military tribunal.
In 2016, the Court Martial Appeal Court rejected a challenge based on Sec. 11.
As usual, the Supreme Court gave no reasons for hearing the appeal.
