The applicant, a sailor in the Canadian Armed Forces, was arrested for alleged drunkenness and released on conditions by a Custody Review Officer before any charges were laid.
He brought a motion arguing that the imposition of release conditions without charge violated his section 7 Charter rights.
The Court Martial Appeal Court dismissed the motion, holding that the National Defence Act permits a military judge to impose conditions on release even if no charge has yet been laid.
The Court found that while the conditions constituted a deprivation of liberty, they were not imposed contrary to the principles of fundamental justice, and any such deprivation would be saved under section 1 of the Charter given the unique context of the military justice system.
