R. v. Généreux

[1992] 1. S.C.R. 259 (1992)

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R. v. Généreux

Canada Supreme Court
[1992] 1. S.C.R. 259 (1992)

Facts

Canadian Corporal Michel Généreux (defendant) was tried by a court-martial for possessing narcotics and being absent without leave, and he was convicted. The system used for Généreux’s court-martial convened a temporary court-martial for each case. The judge advocate general was an official appointed by the executive branch. In turn, the judge advocate general selected and appointed the specific judge advocate who presided over each court-martial. Judge advocates were selected on a case-by-case basis, and a single judge advocate could preside over multiple courts-martial. While a trial was underway, a judge advocate could be removed from the case only if the judge advocate was unable to attend. Généreux appealed, arguing that a court-martial under this system was not an independent and impartial tribunal as guaranteed in section 11 of the Canadian Charter of Rights and Freedoms. After Généreux’s trial, Canada changed its court-martial system to appoint military trial judges for two- to four-year terms and to have a chief military trial judge select which judge would preside over a specific court-martial.

Rule of Law

Issue

Holding and Reasoning (Lamer, C.J.)

Dissent (L’Heureux-Dubé, J.)

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