Major Angela Orme

A young reserve force member appealed convictions for sexual assault and behaving in a disgraceful manner, arguing that the military justice system unconstitutionally denied young persons the presumption of diminished moral culpability protected by s. 7 of the Charter.

The Court held that the presumption applies within the military justice system and was not waived by enlistment with parental consent.

It further held that most discretionary features of the National Defence Act could operate constitutionally, but mandatory long-term consequences such as criminal record consequences, DNA orders, SOIRA registration, and mandatory minimum consequences were inconsistent with the principle and not justified under s. 1.

The Court read down s. 60(1) of the National Defence Act to exclude young military members charged with service offences outside s. 249.27(1)(a), dismissed the Crown cross-appeal, and stayed both charges.

The appellant, Sergeant Meeks, was convicted of assault causing bodily harm and sentenced to 30 days' detention.

Following his sentencing, he was administratively released from the Canadian Armed Forces (CAF).

On appeal, he sought to admit fresh evidence of his release and argued that his sentence should be suspended or declared inoperative based on prior jurisprudence (Tupper).

The Court admitted the fresh evidence but held that Tupper should be read narrowly, concluding that a sentence of detention remains legally valid despite administrative release.

However, given the change in circumstances and the Crown's consent, the Court allowed the sentence appeal and suspended the remaining period of detention, subject to statutory conditions and a no-contact order.