The issues were raised primarily to the question of full answer and defence by an accused person. The military justice system is constitutionally recognized in paragraph 11(f) of the charter. That provision sets out the right to a jury trial in the civilian justice system, set to where the penalty would attract five years of imprisonment or more. There's an exemption in that for offences under military law being tried before military tribunals.
When the Court Martial Appeal Court looked at the question of the difference between military panel courts--if I can use that term--and civilian jury trials, it said the right to full answer and defence depended upon section 7 of the charter and specifically paragraph 11(d), “full answer and defence”. The court determined that giving the accused person the ability to choose their mode of trial went to their ability to properly defend themselves.
So the focus relied on this broader argument of a right to a jury trial under a military system rather than as set out in the exemption in paragraph 11(f). That's the heart of the decision. In the analysis, it paralleled the right to choose trial in the civilian justice system to indicate that an accused under certain circumstances could choose a jury trial or a trial by judge alone.