Richard Morneau

The appellant, a member of the Canadian Armed Forces, challenged convictions entered by a General Court Martial on the basis that the military tribunal lacked the independence required by s. 11(d) of the Charter.

The Supreme Court held that s. 11 applies to General Court Martial proceedings and that a separate military justice system is constitutionally permissible, but found that the tribunal's structure at the time lacked sufficient security of tenure, financial security, and institutional independence.

The court further held that the infringement was not justified under s. 1.

The appellant's ss. 7 and 15 arguments failed, and evidence obtained through a constitutionally defective search was nevertheless admissible under s. 24(2).

A new trial was ordered.

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.