What is the Court Martial Appeal Court of Canada?

The Court Martial Appeal Court of Canada (CMAC) is the federal court that hears appeals from courts martial (military trials) under the federal National Defence Act. The CMAC is the appellate level of the Canadian military justice system, sitting above the courts martial (Standing Court Martial and General Court Martial) that try Canadian Armed Forces personnel for offences under the Code of Service Discipline. The CMAC was established by the National Defence Act of 1950 and operates under that Act and the Court Martial Appeal Court Rules.

The CMAC is comprised of judges of the Federal Court, the Federal Court of Appeal, and provincial or territorial superior courts. Each is appointed to the CMAC for renewable terms. The Court has no permanent judges of its own; instead, civilian judges serve on rotation when CMAC cases arise. The Chief Justice of the Court Martial Appeal Court is appointed from among the CMAC judges by the Governor in Council. The current Chief Justice is Marie-Josée Bédard, appointed in 2018.

Courts martial try Canadian Armed Forces personnel for offences under the Code of Service Discipline (found in the National Defence Act), which includes both military offences (insubordination, desertion, absence without leave) and ordinary criminal offences (theft, assault) committed by service members. The Standing Court Martial is presided over by a single military judge; the General Court Martial is presided over by a military judge with a panel of five military members serving as the trier of fact (similar to a jury). The CMAC hears appeals on questions of law and on the legality, severity, or fitness of sentence.

Major CMAC decisions include the 2014 Beaudry case on military judges' tenure, the 2019 R. v. Stillman decision on the constitutionality of the trial of civilian-criminal offences in the military system (which the Supreme Court of Canada decided in 2019, upholding the military system but with caveats), and the 2024 reviews of sexual-misconduct cases including those involving senior officers. The Independent External Comprehensive Review of military sexual misconduct led by Justice Louise Arbour (reporting May 30, 2022) recommended major reforms including transferring civilian-style criminal cases out of the military justice system. Bill C-77 of 2019 (the National Defence Amendment Act) introduced victims' rights and other reforms. CMAC decisions can be appealed to the Supreme Court of Canada with leave.