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

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

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

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The decision stems from two sexual assault cases involving soldiers.

In one, warrant officer André Gagnon was found not guilty in 2014 of sexually assaulting then-corporal Stéphanie Raymond in December 2011 at an armoury near Quebec City.

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

Gagnon's lawyers said the sex was consensual.

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

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

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