Gagetown soldier charged with sexual assault on Nova Scotia base

A New Brunswick-based corporal in the Canadian Armed Forces has been charged with sexual assault in connection with an alleged incident in Nova Scotia.

The Department of NationalDefencesaidthe Canadian Forces National Investigation Service received a complaint from a third party on Aug. 16, 2018, regarding a possible sexual assault that allegedly happened that morning.

The accused was then a reservist with the Nova Scotia Highlanders, on full-time employment at 5 Canadian Training Division in Aldershot, N.S.

The incident is alleged to have taken place in Aldershot and involves another Armed Forces member.

Cpl. Daniel Gillis, a member of the regular force with 2 Royal Canadian Regiment in Gagetown, N.B., is scheduled to appear in provincial court in Kentville, N.S., on March 12.

Case will be heard in civilian court

His case is proceeding through the civilian justice system, after a bombshell Court Martial Appeals Court ruling in a sexual assault case that the military justice system is unconstitutional.

Earlier this month, a five-judge panel rejected military prosecutors' request for a stay after the prosecution tangled with defence lawyers over whether discipline within the Canadian Forces would suffer if the ruling was allowed to stand.

The case in question dates back to December 2014 when military police charged an Edmonton-based soldier, Master Cpl. Raphael Beaudry, with one count of sexual assault causing bodily harm.

The Charter of Rights and Freedoms says anyone accused of a crime that carries a maximum sentence of five or more years can request a trial by jury except in cases involving military law tried before military tribunals.

Supreme Court to hear civil offenses case in March

A special provision in the National Defence Act, which regulates the forces, says if a serving member is accused of a civilian offence such as sexual assault or murder, the case can be handled under military law even if the alleged offence is not related to the accused's military service.

When Beaudry asked that his case be heard by a jury, his request was denied and he was found guilty via court martial.

The Court Martial Appeals Court found in September that "civil offences are not offences under military law" meaning Beaudry and others charged with serious Criminal Code offences should be allowed to stand trial by jury.

The Supreme Court is scheduled to hear Beaudry's case in March.