The Crown appealed a military judge's order staying proceedings against the respondent.
The military judge had ruled that the subjugation of military judges to the Code of Service Discipline violated the respondent's right to an independent and impartial tribunal under section 11(d) of the Charter.
Relying on its recent decisions in related appeals, the Court Martial Appeal Court of Canada found no Charter violation, allowed the appeal, lifted the stay, and ordered the trial to proceed.
