David Stratas

The appellant, a civilian dependant of a Canadian Armed Forces member stationed in Belgium, was convicted by a Standing Court Martial of operating a conveyance while impaired.

He appealed, arguing that trying him in the military justice system rather than the civilian system was arbitrary and infringed section 7 of the Charter.

The Court Martial Appeal Court dismissed the appeal, holding that the statutory provisions explicitly apply Canadian law to his conduct abroad.

The Court further held that the decision to prosecute falls squarely within prosecutorial discretion, which can only be interfered with in cases of abuse of process, none of which was established here.

The Crown appealed the acquittal of a military physician on four fraud-related charges arising from the writing of illicit prescriptions.

At trial, the military judge granted a directed verdict (no prima facie case) on the basis that the Crown failed to prove actual deprivation.

The Court Martial Appeal Court allowed the appeal and ordered a new trial, finding the military judge misapplied the test for fraud and the no prima facie case standard.

The Court held that only a risk of deprivation is required, and there was some evidence upon which a trier of fact could reasonably convict.