The appellant, a military police officer and provost marshal, was convicted at a Standing Court Martial of two counts of conduct to the prejudice of good order and discipline under section 129 of the National Defence Act.
The charges arose from incidents during a deployment where he simulated a sexual act directed at a female colleague and made inappropriate sexual comments about women in the presence of junior female members.
On appeal, he argued the military judge misapplied the W.(D.) framework for assessing credibility and erred in finding his conduct prejudiced good order and discipline.
The Court Martial Appeal Court dismissed the appeal, finding the military judge correctly applied the law, properly assessed the evidence, and reasonably concluded that the appellant's actions undermined discipline given his senior rank and role.
