Supreme Court of Canada

MacKay v. The Queen, 1980 CanLII 217 (SCC), [1980] 2 SCR 370

Date: 1980-07-18

[SIN omitted] Private R.C. MacKay, Canadian Forces, Regular Force Appellant;

and

Her Majesty The Queen Respondent.

1980: February 5; 1980: July 18.

Present: Laskin C.J. and Martland, Ritchie, Pigeon, Dickson, Beetz, Estey, McIntyre and Chouinard JJ.

ON APPEAL FROM THE COURT MARTIAL APPEAL COURT

Constitutional law—Court martial—Equality before the law—Military prosecutor rather than Attorney General—Independent and impartial tribunal—Canadian Bill of Rights, ss. 1(a), 1(b), 2(e) and 2(f)—British North America Act, s. 91(7).

The appellant, a member of the Canadian Forces, Regular Force, was tried by a Standing Court Martial on seven charges under s