The appellant, a military reservist, was convicted at a General Court Martial of stealing and conduct to the prejudice of good order and discipline after unauthorized ammunition was found in his barracks nightstand.
He appealed, arguing that his statements to military police should have been excluded due to Charter breaches, that evidence of the ammunition's discovery should have been excluded under section 24(2), and that the military judge erred by not giving a W.(D.) instruction regarding his exculpatory statements.
The Court Martial Appeal Court dismissed the appeal, finding the appellant was not detained during questioning, the initial discovery by non-state actors was admissible independent of the subsequent unlawful police seizure, and the jury instructions were adequate.
