The Crown appealed a stay of proceedings ordered by a military judge.
The military judge had stayed the proceedings on the basis that the subjugation of military judges to the Code of Service Discipline violated the accused's right to an independent and impartial tribunal under section 11(d) of the Charter.
The Court Martial Appeal Court of Canada allowed the appeal, lifted the stay, and ordered the trial to proceed, relying on its recent decisions in Edwards and Proulx which held that the military justice structure does not violate section 11(d).
