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.
