Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
Canada’s LOAC Manual (2001) states in its chapter on rights and duties of occupying powers: “There is no absolute right of appeal against sentence. [The 1949 Geneva Convention IV] merely states that ‘The convicted persons shall have the right of appeal provided for by the laws applied by the court’.”
Canada’s National Defence Act (1985) states: “Every person subject to the Code of Service Discipline has … the right to appeal to the Court Martial Appeal Court.”
The Act further states:
A person subject to the Code of Service Discipline may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court
(a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or
) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.
In 2004, in its fifth periodic report to the Human Rights Committee, Canada reported with regard to Ontario:
Offenders have the right to apply to the courts for a review of their detention. Sentenced offenders also have the right to appeal their sentence. Offenders who are charged with internal misconduct have the right to appeal any sentence that impacts on their legislated earned remission.