Docket

35946

Sergeant Damien Arsenault v. Her Majesty the Queen

(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 appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-561, 2014 CACM 8, dated June 13, 2014, heard on May 12, 2015, is 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 Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35755 & 35873 Sergeant Damien Arsenault
2015-05-12 Hearing of the appeal, 2015-05-12, CJ Abe Ro Cro Mo Ka Wa Ga Côt
Judgment reserved
2015-05-06 Supplemental document, Supplemental book of authorities (Volume 3), Completed on: 2015-05-06 Sergeant Damien Arsenault
2015-04-14 Appeal perfected for hearing
2015-04-13 Notice of appearance, Steven Richards and Bruce MacGregor will be present at the hearing. Her Majesty the Queen
2015-04-10 Respondent's book of authorities, Completed on: 2015-04-10 Her Majesty the Queen
2015-04-10 Respondent's factum, Completed on: 2015-04-10 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. Sergeant Damien Arsenault
2015-03-13 Notice of hearing sent to parties
2015-03-10 Appeal hearing scheduled, 2015-05-12
Judgment reserved
2015-03-02 Appellant's book of authorities, (Book Form), 2 volumes, Completed on: 2015-03-02 Sergeant Damien Arsenault
2015-03-02 Certificate of counsel (attesting to record) Sergeant Damien Arsenault
2015-03-02 Appellant's record, (Book Form), Completed on: 2015-03-02 Sergeant Damien Arsenault
2015-03-02 Appellant's factum, (Book Form), Completed on: 2015-03-02 Sergeant Damien Arsenault
2015-01-19 Notice of constitutional question(s), All attorneys general served on January 19, 2015 Sergeant Damien Arsenault
2015-01-12 Order on motion to state a constitutional question, (by the CHEF JUSTICE)
2015-01-12 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating 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 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?
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?
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?
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?
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.
Granted
2015-01-12 Submission of motion to state a constitutional question, CJ
2014-12-17 Response to the motion to state a constitutional question, Completed on: 2014-12-17, (Printed version filed on 2014-12-17) Her Majesty the Queen
2014-12-16 Motion to state a constitutional question, (Letter Form), Completed on: 2014-12-16 Sergeant Damien Arsenault
2014-12-16 Notice of appeal, Completed on: 2014-12-16, (Electronic version filed on 2014-12-16) Sergeant Damien Arsenault
2014-12-15 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-12-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-12-12 Judgment on leave sent to the parties
2014-12-11 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, Number CMAC-561, 2014 CACM 8, dated June 13, 2014, is granted. The appeal is to be heard with the appeals Second Lieutenant Moriarity v. Her Majesty the Queen – and between – Private M.B.A. Hannah v. Her Majesty the Queen (35755) and Private Alexandra Vézina v. Her Majesty the Queen (35873).
The schedule for serving and filing material will be set by the Registrar.
Granted
2014-11-24 All materials on application for leave submitted to the Judges, CJ Cro Wa
2014-10-17 Applicant's reply to respondent's argument, Completed on: 2014-10-17 Sergeant Damien Arsenault
2014-10-10 Certificate (on limitations to public access) Her Majesty the Queen
2014-10-10 Respondent's response on the application for leave to appeal, Completed on: 2014-10-10 Her Majesty the Queen
2014-09-12 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-09-12
2014-09-12 Application for leave to appeal, Completed on: 2014-09-12 Sergeant Damien Arsenault
2014-06-16 Letter acknowledging receipt of a notice of application for leave to appeal
2014-06-16 Certificate (on limitations to public access) Sergeant Damien Arsenault
2014-06-16 Notice of application for leave to appeal, Completed on: 2014-06-16 Sergeant Damien Arsenault