Supreme Court

Charter of Rights

Fundamental justice

Impugned provisions of National Defence Act not overbroad

Accused members of armed forces charged under National Defence Act with committing criminal offences. Accused argued that National Defence Act was overbroad in permitting military prosecutions for criminal offences with no connection to accused’s military service. Court Martial Appeal Court upheld impugned provisions in National Defence Act. Appeal dismissed. Impugned provisions were not overbroad. Purpose of provisions was to maintain discipline, efficiency and morale in armed forces. Prosecuting criminal actions committed by members of military was rationally connected to this purpose.

R. v. Moriarity (Nov. 19, 2015, S.C.C., McLachlin C.J.C., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., Wagner J., Gascon J., and Côté J., 35755, 35873, 35946) Decisions at 112 W.C.B. (2d) 774, 112 W.C.B. (2d) 562 and 117 W.C.B. (2d) 611 were affirmed. 128 W.C.B. (2d) 26.

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

An Ontario judge has ruled he has jurisdiction to review decisions by student unions at three post-secondary institutions that denied official status to other student groups. Do you agree with this finding?