Stphanie Raymond's military sexual assault case can now be appealed

A Supreme Court of Canada ruling will allow thedefence minister to appeal in the case of a Canadian soldieracquitted of sexually assaulting a female subordinate.

The court ruled unanimously that the country's National DefenceAct, which governs the military justice system, is constitutional.

• Army warrant officer found not guilty of sex assault of former corporal
• 'I'm not happy': Military ombudsman calls data on sex assaults incomplete

The decision stems from two sexual assault cases involvingsoldiers.

In one, warrant officer AndrGagnon was found not guilty in 2014of sexually assaulting then-corporal Stphanie Raymond in December2011 at an armoury near Quebec City.

The Crown argued at Gagnon's court martial that Raymond was in aposition of vulnerability and had been forced to submit to hissexual advances after a party.

Gagnon's lawyers said the sex was consensual.

The Defence Department appealed the not-guilty verdict andrequested a new trial.

Gagnon then submitted a motion to have the appeal quashed,arguing the National Defence Act is partly unconstitutional.

• Lawyer calls on reform of court martial system

The Supreme Court ruling decision now sends the case to the courtmartial's appeals court, which will hear the appeal.