## Facts

- Lieutenant (N) G. D. Scott was a Canadian Navy officer who did not hold religious beliefs.
- Scott was scheduled to participate in a military parade that included a chaplain-led segment described as a non-denominational religious ceremony.
- As part of the parade practice, troops were expected to remove their headdress as a sign of respect during the prayer segment.
- Canadian Forces practice included an exemption allowing some members who wore head coverings for religious reasons (such as Jewish or Sikh members) to keep those coverings on during prayer ceremonies.
- Before the parade, Scott told his superior officer that he did not want to be forced to take part in a religious ceremony and objected to being ordered to remove his headdress during the prayer.
- Scott’s superior officer told him he would be required to follow the order to remove his headdress.
- At the parade, the parade commander ordered all troops to remove their head coverings; Scott refused.
- A chaplain, wearing religious clothing, then delivered a short address that the chaplain later characterized as a non-denominational religious ceremony, followed by music generally considered a religious hymn.
- Scott was charged with disobeying a lawful command and was convicted at court martial.
- Scott appealed his conviction to the Court Martial Appeal Court of Canada.

## Issues

1. Whether the order requiring Scott to remove his headdress during the parade prayer was a “lawful command” capable of grounding a conviction for disobedience.
2. Whether compelling a non-believing service member to perform an act tied to a religious observance engaged and infringed freedom of conscience and religion under Charter s. 2(a).
3. Whether any Charter infringement associated with the order could be justified in the military setting.

## Decision

- The Court Martial Appeal Court of Canada allowed the appeal.
- The court set aside Scott’s conviction for disobeying a lawful command.

## Legal Principles

- An order cannot be treated as a “lawful command” for the purpose of a service offence if the order is inconsistent with the Constitution, including the Canadian Charter of Rights and Freedoms.
- Charter s. 2(a) protects freedom of conscience and religion, including the right of a non-believer not to be compelled to participate in a religious observance.
- When military authorities rely on discipline, uniformity, or ceremonial practice to limit Charter-protected freedom, the limit must still be justified under Charter s. 1.
- Where the state provides accommodations connected to religious belief (such as permitting religious head coverings during prayers), it must still take seriously comparable conscience-based objections by non-believers when assessing whether compelled participation is constitutionally permissible.

## Conclusion

The Court Martial Appeal Court of Canada set aside Lieutenant Scott’s conviction because the order to remove his headdress during a parade prayer was treated as constitutionally impermissible in light of Charter freedom of conscience and religion, and therefore could not support punishment for disobeying a “lawful command.”


Lieutenant (N) G. D. Scott v. Her Majesty The Queen, 2004 CMAC 2 (2004)