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.

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.

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.