Colonel Bruce MacGregor, Director of Military Prosecutions, has today announced that the prosecution has filed a notice of appeal with the Court Martial Appeal Court of Canada in the case of Captain T.J. Bannister, the defendant in a standing court martial that concluded in Charlottetown on February 27, 2018.

“All Canadians, including members of the Canadian Armed Forces deserve the correct and consistent application of the Code of Service of Discipline at courts martial. Not every unfavourable ruling should be appealed and therefore a decision to appeal should not be taken lightly and requires careful consideration. After reviewing the matter, I believe that the test of a substantial likelihood of success has been met in this case and that it would be in the public interest to appeal the military judge’s decision.”

– Colonel Bruce MacGregor, Director of Military Prosecutions, Canadian Military Prosecution Service

• The charges against Captain Bannister stemmed from incidents that allegedly occurred between November 2012 and June 2015 in Montréal and Charlottetown while he was serving as the Commanding Officer of 148 Royal Canadian Army Cadet Corps.

• The notice of appeal was filed with the Court Martial Appeal Court of Canada on March 29, 2018 by the Director of Military Prosecutions as counsel for the Minister of National Defence pursuant to the National Defence Act.

• The Director of Military Prosecutions is an independent actor within the Canadian Armed Forces who is mandated to prefer all charges to be tried by court martial, to conduct all prosecutions at courts martial and to act as counsel for the Minister for appeals.

Associated links

• About the Canadian Military Prosecutions Service
• Director of Military Prosecutions Policy Directives
• Policy Directive on Appeals

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