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We need restorative justice for members of Canadian military

By Gilles Létourneau      

It is a principle of fundamental justice that all Canadian citizens are equal before the law and entitled to its benefit and protection.

In 1980, the military justice system survived a challenge to its legality with respect to the prosecution of ordinary criminal law offences before military tribunals. The challenge was based on the Canadian Bill of Rights:  see Mackay v. R., [1980] 2 S.C.C. 379. The basis of the challenge was the differential treatment afforded to those prosecuted before military tribunals, i.e. members of the Canadian Armed Forces (CAF) and civilians subject to the jurisdiction of the Code of Service Discipline such as dependants of CAF members and civilians contractors accompanying the military abroad.

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