R. v. Généreux
Encyclopedia
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 for judicial independence
under section 11(d)
of the Canadian Charter of Rights and Freedoms
.
. 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.
[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.
to write a report to recommend changes to the courts which were eventually incorporated into the 1998 National Defence Act.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
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 for judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
under section 11(d)
Section Eleven of the Canadian Charter of Rights and Freedoms
Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
Michel Généreux was a corporal in the Canadian ForcesCanadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed 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
National Defence Act
The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....
.
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 QueenValente v. The Queen
Valente v. The Queen, [1985] 2 S.C.R. 673 is a leading Supreme Court of Canada decision on protection of judicial independence under section 11 of the Canadian Charter of Rights and Freedoms.-Background:...
[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 DicksonBrian Dickson
Robert George Brian Dickson, , commonly known as Brian Dickson, was appointed Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990 and died October 17, 1998.-Career:...
to write a report to recommend changes to the courts which were eventually incorporated into the 1998 National Defence Act.
See also
- List of Supreme Court of Canada cases (Lamer Court)
- Beauregard v. CanadaBeauregard v. CanadaBeauregard v. Canada [1986] 2 S.C.R. 56 was a decision by the Supreme Court of Canada on judicial independence. Notably, the Court found that judicial independence is based partly in an unwritten constitution, and that some institutional independence is needed so that judges can guard the...
- Mackeigan v. HickmanMackeigan v. HickmanMackeigan v. Hickman, [1989] 2 S.C.R. 796 is a leading Supreme Court of Canada decision on judicial independence. The Court unanimously held that to require a federal judge to explain his or her decisions would violate the principle of judicial independence....
- Provincial Judges ReferenceProvincial Judges ReferenceThe Provincial Judges Reference [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges...
- Therrien (Re)Therrien (Re)Therrien , [2001] 2 S.C.R. 3, 2001 SCC 35, is a leading decision of the Supreme Court of Canada on judicial independence.-Background:In the 1970s Richard Therrien was convicted of assisting four members of the Front de libération du Québec during the October Crisis. Once he was released he studied...
- Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice)Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice)Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick ; Ontario Judges’ Assn. v. Ontario ; Bodner v. Alberta; Conférence des juges du Québec v. Quebec ; Minc v. Quebec [2005] 2 S.C.R...