Stillman v. Her Majesty The Queen
Canada Supreme Court
2019 SCC 40 (2019)
- Written by Angela Patrick, JD
Facts
Master Corporal C. J. Stillman (defendant) and other servicemembers (defendants) were each charged with civilian offenses that were transformed into military offenses by the National Defence Act (NDA). These charges could have been tried in a civilian court, where the accused would have had a constitutional right to a jury trial. However, the military exercised its option to try Stillman and the others in military courts. In the military courts, the servicemembers’ requests for jury trials were denied. On appeal, the servicemembers argued that their offenses were originally civilian offenses and not uniquely military offenses. Thus, being denied a jury trial for these essentially civilian offenses violated the servicemembers’ constitutional rights. The matters were ultimately consolidated for review before the Canada Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Moldaver, Brown, J.J.)
Dissent (Karakatsanis, Rowe, J.J.)
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