What is the test for establishing a military nexus under the Canadian Bill of Rights?
Canada (Federal), Canada
The following excerpt is from R. v. Déry, 2017 CMAC 2 (CanLII):
In a nutshell, the opinion expressed about the need for a military nexus test under the Canadian Bill of Rights, S.C. 1960, c. 44 by McIntyre J. in MacKay v. The Queen, 1980 CanLII 217 (SCC), [1980] 2 S.C.R. 370 at 410, 114 D.L.R. (3d) 393 [MacKay] after a specific reference to American law, came to be adopted by respected scholars in this country and our Court for the purpose of defining the scope of the exemption of military law to the right to a trial by a jury under the Charter.
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