Supreme Court reaffirms independence of military judges, dismisses challenges

The country's top court says Canada's system of military justice fully ensures judicial independence, even though military judges are subject to the chain of command. In a 6-1 ruling, the Supreme Court dismissed five cases that argued the status military judges as officers violated the constitutional right to a fair trial.

The country's highest court chose to become involved following requests from more than half a dozen members of the Armed Forces whose criminal cases have been on hold. Each of the nine defendants, who had been charged with various service-related offences, argued the divided loyalties of the military judges violate their constitutional right to an impartial trial.

Four military judges put several cases before them at the time on hold, ruling that they were not independent because Vance had issued an order that placed the chief military judge and all other military judges under the command of the deputy vice chief of the defence staff.

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