Military Sentencing: Difference between revisions
No edit summary |
No edit summary |
||
| Line 15: | Line 15: | ||
No one in any military force, domestic or foreign, can be exempted from the regular laws of Canada unless explicitly provided by legislation.<ref> | No one in any military force, domestic or foreign, can be exempted from the regular laws of Canada unless explicitly provided by legislation.<ref> | ||
''Reference as to whether members of the Military or Naval Forces of the United States of America are exempt from Criminal Proceedings in Canadian Criminal Courts'', [1943] SCR 483, [http://canlii.ca/t/fsldn 1943 CanLII 31] (SCC){{perSCC|Duff CJ}}{{atp|497}} ("...the constitutional principle by which, that is to say, a soldier does not, in virtue of his military character, escape the jurisdiction of the civil courts of this country. Nothing short of legislative enactment, or its equivalent, can change this principle.")<br> | ''Reference as to whether members of the Military or Naval Forces of the United States of America are exempt from Criminal Proceedings in Canadian Criminal Courts'', [1943] SCR 483, [http://canlii.ca/t/fsldn 1943 CanLII 31] (SCC){{perSCC|Duff CJ}}{{atp|497}} ("...the constitutional principle by which, that is to say, a soldier does not, in virtue of his military character, escape the jurisdiction of the civil courts of this country. Nothing short of legislative enactment, or its equivalent, can change this principle.")<br> | ||
</ref> | |||
{{reflist|2}} | |||
===Applicable Offences=== | |||
{{Quotation| | |||
; Service trial of civil offences | |||
130 (1) An act or omission | |||
:(a) that takes place in Canada and is punishable under Part VII, the Criminal Code or any other Act of Parliament, or | |||
:(b) that takes place outside Canada and would, if it had taken place in Canada, be punishable under Part VII, the Criminal Code or any other Act of Parliament, | |||
is an offence under this Division and every person convicted thereof is liable to suffer punishment as provided in subsection (2). | |||
|[http://canlii.ca/t/7vjm#sec130 NDA] | |||
}} | |||
; Constitutionality | |||
Section 130(1)(a) of the NDA does not violate s. 11(f){{CCRF}}.<ref> | |||
''R v Stillman'', [http://canlii.ca/t/j1n56 2019 SCC 40] (CanLII){{perSCC|Moldaver and Brown JJ}} (5:2) | |||
</ref> | </ref> | ||