The appellant, a member of the regular armed forces, was convicted by a Standing Court Martial of trafficking and possession of narcotics under the Narcotic Control Act, pursuant to section 120 of the National Defence Act.
He appealed on the grounds that trial by a military tribunal for ordinary criminal offences deprived him of his right to an independent and impartial tribunal and his right to equality before the law under the Canadian Bill of Rights.
The Supreme Court of Canada dismissed the appeal, holding that the military justice system was established pursuant to a valid federal objective under section 91(7) of the British North America Act and did not offend the Canadian Bill of Rights.