The appellant, an RCMP officer, assaulted a prisoner and was convicted of a major service offence under the Royal Canadian Mounted Police Act.
He was subsequently charged with common assault under the Criminal Code for the same incident.
The appellant argued that the criminal charge violated his right under section 11(h) of the Charter not to be tried and punished twice for the same offence.
The Supreme Court of Canada held that while section 11 applies to proceedings involving true penal consequences, the appellant was not being tried for the same offence.
The service offence was an internal disciplinary matter, whereas the criminal charge was a public offence.
The appeal was dismissed.