The respondent pleaded guilty before a court martial to dangerous driving under the Criminal Code, charged as a military offence.
At sentencing, the prosecution and defence jointly recommended a driving prohibition under the Criminal Code.
The military judge held he lacked jurisdiction to impose a driving prohibition.
The prosecution appealed.
The Court Martial Appeal Court dismissed the appeal, holding that the National Defence Act establishes a distinct sentencing regime for military offences, and courts martial do not possess jurisdiction to impose discretionary penalties like driving prohibitions that are set out only in the Criminal Code.
