Military Judges

The status of military judges as officers under the NDA is not incompatible with their judicial functions for the purposes of s. 11(d) of the Charter. Accused members of the Canadian Armed Forces who appear before military judges are entitled to the same guarantee of judicial independence and impartiality under s. 11(d) as accused persons who appear before civilian criminal courts, but this does not require that the two systems be identical in every respect.

As presently configured in the NDA, Canada’s system of military justice fully ensures judicial independence for military judges in a way that takes account of the military context, and specifically of the legislative policies of maintaining discipline, efficiency and morale in the Armed Forces and public trust in a disciplined military. Accordingly, the requirement that military judges be officers pursuant to ss. 165.21 and 165.24(2) of the NDA does not fall afoul of s. 11(d) of the Charter.

Source: R. v. Edwards, 2024 SCC 15 (CanLII)