Docket

35755

Second Lieutenant Moriarity, et al. v. Her Majesty the Queen, et al.

(Federal Court) (Criminal) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2015-11-25 Appeal closed
2015-11-20 Formal judgment sent to the registrar of the court of appeal and all parties
2015-11-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-11-19 Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeals from the judgment of the Court Martial Appeal Court of Canada, Numbers CMAC-560 and CMAC-563, 2014 CMAC 1, dated January 20, 2014, heard on May 12, 2015, are dismissed. The constitutional questions are answered as follows:

1. Does s. 130(1)(a) of the National Defence Act, R.S.C. 1985, c. N-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms?

Answer: No.

2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

Answer: It is unnecessary to answer the question.

3. Does s. 117(f) of the National Defence Act, R.S.C. 1985, c. N-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms?

Answer: No.

4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

Answer: It is unnecessary to answer the question.
Dismissed
2015-05-20 Transcript received, (92 pages)
2015-05-12 Judgment reserved OR rendered with reasons to follow
2015-05-12 Respondent's condensed book, Submitted in Court (14 copies) - Joint with 35873 Her Majesty the Queen
2015-05-12 Appellant's condensed book, Submitted in court (14 copies) - Joint with 35873 & 35946 Second Lieutenant Moriarity
2015-05-12 Hearing of the appeal, 2015-05-12, CJ Abe Ro Cro Mo Ka Wa Ga Côt
Judgment reserved
2015-04-13 Notice of appearance, Steven Richards and Bruce MacGregor will be present at the hearing. Her Majesty the Queen
2015-03-18 Notice of appearance, (Letter Form), Delano K. Fullerton, Mark Létourneau and Jean-Bruno Cloutier will be present at the hearing. Mark Létourneau and Jean-Bruno Cloutier will present oral argument of 30 minutes each for the appellants. Mark Létourneau will speak in English and Jean-Bruno Cloutier in French. Second Lieutenant Moriarity
2015-03-13 Notice of hearing sent to parties
2015-03-10 Appeal hearing scheduled, 2015-05-12, (previously tentatively scheduled for February 12, 2015)
Judgment reserved
2015-01-19 Appeal perfected for hearing
2015-01-15 Certificate (on limitations to public access) Her Majesty the Queen
2015-01-15 Certificate of counsel (attesting to record) Her Majesty the Queen
2015-01-15 Respondent's book of authorities, (Book Form), joint with 35873, Completed on: 2015-01-15 Her Majesty the Queen
2015-01-15 Respondent's record, (Book Form), Completed on: 2015-01-15 Her Majesty the Queen
2015-01-15 Respondent's factum, (Book Form), joint with 35873, Completed on: 2015-01-15, (Electronic version filed on 2015-01-21) Her Majesty the Queen
2014-11-14 Appellant's book of authorities, (Book Form), (JOINT with 35873) 4 volumes, Completed on: 2014-11-14 Second Lieutenant Moriarity
2014-11-14 Certificate of counsel (attesting to record) Second Lieutenant Moriarity
2014-11-14 Appellant's record, (Book Form), Completed on: 2014-11-14 Second Lieutenant Moriarity
2014-11-14 Appellant's factum, (Book Form), (JOINT with 35873) , Completed on: 2014-12-15, (Electronic version filed on 2014-11-18) Second Lieutenant Moriarity
2014-09-25 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-09-23 Notice of constitutional question(s) Second Lieutenant Moriarity
2014-09-19 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2014-09-19 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions and extending the time to serve and file a reply to the motion to state constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Does para. 130(1)(a) of the National Defence Act, R.S.C. 1985, c. N-5, violate s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1.The motion for an extension of time to serve and file the reply to the motion to state constitutional questions is granted and the deadline to file the reply is extended to September 16, 2014;
2. The notice of constitutional question shall be served and filed on or before September 26, 2014;
3. Any notices of intervention respecting constitutional questions shall be served and filed on or before October 24, 2014;
4. The appellants’ record, factum and book of authorities shall be served and filed on or before November 14, 2014;
5. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before December 5, 2014;
6. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before December 12, 2014;
7. Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 16, 2014;
8. The respondent’s record, factum and book of authorities shall be served and filed on or before January 15, 2015;
9. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 29, 2015.
Granted
2014-09-19 Submission of motion to state a constitutional question, CJ
2014-09-19 Correspondence received from, Counsel for the Respondent, re.: will not file a response and takes no position. Her Majesty the Queen
2014-09-16 Reply to the motion to state a constitutional question, (Letter Form), Motion to ext. time included, Completed on: 2014-09-16, (Electronic version filed on 2014-09-18) Second Lieutenant Moriarity
2014-09-04 Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-09-04, (Electronic version filed on 2014-09-04) Her Majesty the Queen
2014-08-27 Motion to state a constitutional question, (Letter Form), Completed on: 2014-08-27 Second Lieutenant Moriarity
2014-08-27 Notice of appeal, (Letter Form), Completed on: 2014-08-27 Second Lieutenant Moriarity
2014-07-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-07-28 Judgment on leave sent to the parties
2014-07-24 Decision on the application for leave to appeal, CJ Cro Wa, The application for leave to appeal from the judgment of the Court Martial Appeal Court of Canada, Numbers CMAC-560 and CMAC-563, 2014 CMAC 1, dated January 20, 2014, is granted without costs.
Granted, without costs
2014-05-12 All materials on application for leave submitted to the Judges, CJ Cro Wa
2014-04-14 Applicant's reply to respondent's argument, (Book Form), Proof of service missing. Received., Completed on: 2014-05-13, (Electronic version filed on 2014-04-14) Second Lieutenant Moriarity
2014-04-04 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-04-04) Her Majesty the Queen
2014-04-04 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-04) Her Majesty the Queen
2014-03-07 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, file opened 2014-03-07.
2014-03-06 Certificate (on limitations to public access), (Book Form), (Included in the application for leave to appeal), (Electronic version filed on 2014-03-06) Second Lieutenant Moriarity
2014-03-06 Application for leave to appeal, (Book Form), Court of appeal Orders missing. Moriarity order received 2014-03-10. Hannah is still missing. Received 2014-03-11., Completed on: 2014-03-10, (Electronic version filed on 2014-03-06) Second Lieutenant Moriarity