R v Généreux

R v Généreux, [1992] 1 S.C.R. 259 is a leading Supreme Court of Canada decision where the Court ruled that the military court martial system must comply with the constitutional requirements for judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms.

R v Généreux
Supreme Court of Canada
Hearing: June 5, 1991 Judgment: February 13, 1992
Full case name	Michel Généreux v Her Majesty The Queen
Citations	[1992] 1 S.C.R. 259
Prior history	Appeal from the Court Martial Appeal Court of Canada
Ruling	Appeal allowed, new trial ordered
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, William Stevenson, Frank Iacobucci
Reasons given
Majority	Lamer, joined by Sopinka, Gonthier, Cory and Iacobucci
Concurrence	Stevenson, joined by La Forest and McLachlin
Dissent	L'Heureux‑Dubé
Laws applied
R v Wigglesworth, [1987] 2 S.C.R. 541; Andrews v Law Society of British Columbia, [1989] 1 S.C.R. 143

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.

Majority decision

The Court examined the requirements for judicial independence established in Valente v. The Queen [1985]. The majority 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 majority 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 commissioned 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.

See also

• List of Supreme Court of Canada cases (Lamer Court)
• Beauregard v Canada
• Mackeigan v Hickman
• Provincial Judges Reference
• Re Therrien
• Provincial Court Judges' Assn of New Brunswick v New Brunswick (Minister of Justice)

External links

• Full text of Supreme Court of Canada decision at LexUM