COURT MARTIAL MILITARY PANELS AND SECTION 11(d) OF THE CHARTER

A DELICATE BALANCE

Abstract

People charged with an offence in the military justice system do not have access to a jury trial. At courts martial, accused persons will be tried by judge alone, or by judge with a military panel composed of five members. The military panel’s composition and role is unique in Canada. In R v Stillman, the Supreme Court in Canada said that military panels must pass constitutional muster, and that the military panel’s Charter compliance under section 11 (d) had yet to be explored. This paper explores that issue. It explains how military panels are both Charter-compliant under section 11 (d), and designed to strike the right balance between an accused’s Charter rights, and the operational requirements of discipline and efficiency in the Canadian Armed Forces.