The appeals addressed whether provisions of the National Defence Act permitting the Minister of National Defence to initiate appeals in military justice matters violate ss. 7 or 11(d) of the Charter.
The Court held that prosecutorial independence is a principle of fundamental justice, but that the Minister benefits from the same strong presumption of independent prosecutorial discretion as other public officials exercising prosecutorial functions.
The challenged provisions were found constitutional, and no statutory framework or evidentiary record established improper partisan motive.
On the mistrial issue, the Court held the military judge committed no reviewable error in refusing a mistrial after issuing strong curative instructions.
The motion to quash was dismissed and the Minister’s appeals were allowed.
