- R. v. Généreux
SCCInfoBox
case-name=R. v. Généreux
full-case-name=Michel Généreux v. Her Majesty The Queen
heard-date=June 5, 1991
decided-date=February 13, 1992
citations= [1992] 1 S.C.R. 259
history=appeal from the court martial appeal court of canada
ruling= appeal allowed, new trial ordered
ratio=
SCC=1991-1992
Majority=Lamer C.J.
JoinMajority=Sopinka, Gonthier, Cory and Iacobucci JJ.
Concurrence=Stevenson J.
JoinConcurrence= La Forest and McLachlin JJ.
Dissent=L'Heureux‑Dubé J.
NotParticipating=
LawsApplied="R. v. Wigglesworth ", [1987] 2 S.C.R. 541; "Andrews v. Law Society of British Columbia ", [1989] 1 S.C.R. 143"R. v. Genereux", [1992] 1 S.C.R. 259 is a leading
Supreme Court of Canada decision where the Court held that the government had the constitutional right to create a military justice system that existed in parallel to the regular court system. However, that system must comply with the constitutional requirements forjudicial independence under section 11(d) of theCanadian Charter of Rights and Freedoms .Background
Michel Généreux was a corporal in the
Canadian Forces . He was charged with drug possession for the purpose of trafficking in violation of section 4 of the "Narcotics Control Act " and for desertion in violation of section 88(1) of the "National Defence Act ".In the General Court Martial he was convicted for both offences, which was upheld in the Court Martial Appeal Court.
The issue before the Supreme Court was whether the General Court Martial was an independent and impartial tribunal under section 11(d) of the "Charter".
Opinion of the Court
The Court examined the requirements for judicial independence established in "
Valente v. The Queen " [1985] . It was found that the judges on the military court did not have sufficient security of tenure or administrative autonomy, which left them vulnerable to interference from the military and government. Consequently, the Court found that the accused's right to an independent and fair tribunal under section 11(d) of the Charter was violated.Aftermath
The decision brought about many changes to the military courts. The government of Canada commission recently retired Chief Justice
Brian Dickson to write a report to recommend changes to the courts which were eventually incorporated into the 1998 National Defence Act.ee also
*
List of Supreme Court of Canada cases (Lamer Court)
*Beauregard v. Canada
*Mackeigan v. Hickman
*Provincial Judges Reference
*Therrien (Re)
*Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice) External links
*
Wikimedia Foundation. 2010.