The appellant, a commissioned officer in the Canadian Armed Forces, was charged with being absent without leave after failing to report to a new posting.
She argued that she honestly believed she had resigned from the Armed Forces and therefore lacked the requisite mens rea.
She also challenged the constitutionality of the General Court Martial under s. 11(d) of the Charter.
The Supreme Court of Canada allowed the appeal and ordered a new trial, holding that the structure of the General Court Martial infringed s. 11(d) of the Charter, applying its concurrent decision in R. v. Généreux.
The Court also noted that an honest mistake about the legal consequences of one's actions does not constitute a defence to the charge.
