Docket
36466
Her Majesty the Queen v. Ordinary Seaman Cawthorne
(Federal) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-07-28 | Appeal closed | |
| 2016-07-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-07-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-07-22 | Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The motion to quash the appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-575, 2015 CMAC 1, dated May 5, 2015, heard on April 25, 2016, is dismissed. Section 245(2) of the National Defence Act, R.S.C. 1985, c. N-5, is constitutional. The appeal is allowed and the convictions entered at trial against the respondent are reinstated. Allowed |
|
| 2016-07-22 | Decision on the motion to quash the appeal, CJ Abe Cro Mo Ka Wa Ga Côt Br, See judgment on leave application. Dismissed |
|
| 2016-05-11 | Transcript received, 102 pages | |
| 2016-04-25 | Order by, the Court, WHEREAS the appellant in case 36844 filed a motion for a stay of execution of the declaration of invalidity ordered by the Court Martial Appeal Court of Canada on December 21, 2015 and suspended for a period of six months; AND WHEREAS the motion was referred to the panel of the Court that would deal with the appeal on its merits; AND THE APPEAL having been heard; IT IS HEREBY ORDERED THAT: 1. The motion is granted; and 2. The declaration of invalidity will remain suspended until this Court’s decision on the appeal. Granted |
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| 2016-04-25 | General proceeding, (Letter Form), Nothing was mentionned in regard to the publication ban | Her Majesty the Queen |
| 2016-04-25 | Judgment reserved OR rendered with reasons to follow | |
| 2016-04-25 | Hearing of the appeal, 2016-04-25, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-04-25 | Respondent's condensed book, (Book Form), Joint with 36466 and filed in Court | Ordinary Seaman Cawthorne |
| 2016-04-25 | Appellant's condensed book, (Book Form), Joint with 36844 and filed in Court | Her Majesty the Queen |
| 2016-04-19 | Correspondence received from, (Letter Form), (Included in the notice of appearance), 3 reserved seats | Ordinary Seaman Cawthorne |
| 2016-04-19 | Notice of appearance, (Letter Form), Joanne Marceau and Patrick Michel will be appearing and Ms. Marceau will make oral submission | Directeur des poursuites criminelles et pénales du Québec |
| 2016-04-19 | Notice of appearance, (Letter Form), Jean-Bruno Cloutier and Mark Létourneau will be appearing and making submission | Ordinary Seaman Cawthorne |
| 2016-04-19 | Order by, Abe, FURTHER TO THE ORDER dated April 5, 2016 and revised April 7, 2016, granting leave to intervene in the appeal in file no. 36466 to the Directeur des poursuites criminelles et pénales du Québec; IT IS HEREBY FURTHER ORDERED THAT: 1. The said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals. 2. The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec and the Attorney General of British Columbia are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. Granted |
|
| 2016-04-19 | Appeal perfected for hearing | |
| 2016-04-18 | Notice of appearance, (Letter Form), Joyce De Witt-Van Oosten, Q.C. will be appearing | Attorney General for British Columbia |
| 2016-04-18 | Notice of appearance, Ginette Gobeil and François Lacasse will be appearing and Mr. Lacasse will make oral arguments. | Attorney General of Canada |
| 2016-04-15 | Respondent's book of authorities, (Book Form), (4 volumes), Joint with 36844 , Completed on: 2016-04-20, (Electronic version filed on 2016-04-20) | Ordinary Seaman Cawthorne |
| 2016-04-15 | Respondent's factum, (Book Form), Completed on: 2016-04-20, (Electronic version filed on 2016-04-20) | Ordinary Seaman Cawthorne |
| 2016-04-15 | Intervener's book of authorities, (Book Form), Joint with 36844, Completed on: 2016-04-15, (Electronic version filed on 2016-04-14) | Attorney General of Ontario |
| 2016-04-15 | Intervener's factum - AG on constitutional question, (Book Form), Joint with 36844, Completed on: 2016-04-15, (Electronic version filed on 2016-04-15) | Attorney General of Ontario |
| 2016-04-15 | Intervener's book of authorities, (Book Form), Completed on: 2016-04-19, (Electronic version filed on 2016-04-15) | Directeur des poursuites criminelles et pénales du Québec |
| 2016-04-15 | Intervener's factum, (Book Form), Completed on: 2016-04-19, (Electronic version filed on 2016-04-15) | Directeur des poursuites criminelles et pénales du Québec |
| 2016-04-15 | Intervener's book of authorities, (Book Form), Joint with 36844, Completed on: 2016-04-15, (Electronic version filed on 2016-04-15) | Attorney General of Canada |
| 2016-04-15 | Intervener's factum - AG on constitutional question, (Book Form), Joint with 36844 - English translation filed on 2016-04-22, Completed on: 2016-04-15, (Electronic version filed on 2016-04-15) | Attorney General of Canada |
| 2016-04-14 | Intervener's book of authorities, (Book Form), Joint with 36844, Completed on: 2016-04-14, (Electronic version filed on 2016-04-14) | Attorney General for British Columbia |
| 2016-04-14 | Intervener's factum - AG on constitutional question, (Book Form), Joint with 36844, Completed on: 2016-04-14, (Electronic version filed on 2016-04-14) | Attorney General for British Columbia |
| 2016-04-14 | Intervener's book of authorities, (Book Form), Joint with 36844, Completed on: 2016-04-14, (Electronic version filed on 2016-04-14) | Attorney General of Quebec |
| 2016-04-14 | Intervener's factum - AG on constitutional question, (Book Form), Joint with 36844, Completed on: 2016-04-14, (Electronic version filed on 2016-04-14) | Attorney General of Quebec |
| 2016-04-14 | Notice of appearance, (Letter Form), Sylvain Leboeuf will be appearing | Attorney General of Quebec |
| 2016-04-12 | Correspondence received from, (Letter Form), 13 reserved seats | Her Majesty the Queen |
| 2016-04-06 | Notice of appearance, Patrick J. Monahan and Jamie Klukach wil be appearing and Mr. Monahan will present oral argument | Attorney General of Ontario |
| 2016-04-05 | Order on motion for leave to intervene, by Justice Wagner - revised on April 7, 2016 | |
| 2016-04-05 | Decision on the motion for leave to intervene, Revised on April 7, 2016, Wa, UPON APPLICATION by the Directeur des poursuites criminelles et pénales du Québec for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted, and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before April 15, 2016. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
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| 2016-04-05 | Submission of motion for leave to intervene, Wa | |
| 2016-03-31 | Response to the motion for leave to intervene, (by e-mail), Completed on: 2016-03-31 | Her Majesty the Queen |
| 2016-03-21 | Motion for leave to intervene, Completed on: 2016-03-24 | Directeur des poursuites criminelles et pénales du Québec |
| 2016-03-14 | Correspondence received from, B.W. MacGregor dated 2016-03-14. Re: A corrected french version of R. v. Gagnon, 2015 CMAC 2, was issued after the filing of the appellant's documents. -Original copy filed March 17, 2016 |
Her Majesty the Queen |
| 2016-03-08 | Appellant's book of authorities, (4 volumes), Completed on: 2016-03-08 | Her Majesty the Queen |
| 2016-03-08 | Appellant's record, Completed on: 2016-03-08 | Her Majesty the Queen |
| 2016-03-08 | Appellant's factum, Completed on: 2016-03-08, (Electronic version filed on 2016-03-14) | Her Majesty the Queen |
| 2016-03-02 | Notice of intervention respecting a constitutional question, Original to come | Attorney General of Quebec |
| 2016-03-01 | Notice of intervention respecting a constitutional question, (Electronic version due on 2016-03-08) | Attorney General for British Columbia |
| 2016-02-29 | Notice of intervention respecting a constitutional question, original copy to come | Attorney General of Canada |
| 2016-02-29 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2016-02-12 | Notice of hearing sent to parties | |
| 2016-02-03 | Notice of constitutional question(s) | Her Majesty the Queen |
| 2016-02-02 | Correspondence received from, the appellant. re: Intention to file an application for leave to appeal in relation to this appeal. | Her Majesty the Queen |
| 2016-01-27 | Submission of motion to quash, CJ Abe Cro Mo Ka Wa Ga Côt Br | |
| 2016-01-27 | Correspondence (sent by the Court) to, all parties by mail, re: filing deadlines fixed by the Registrar. Letter signed by the Registrar. | |
| 2016-01-27 | Appeal hearing scheduled, 2016-04-25, EARLY START - 9:00am Judgment reserved |
|
| 2016-01-27 | Order on motion to state a constitutional question, (by CROMWELL, MOLDAVER, GASCON, CÔTÉ AND BROWN JJ.) | |
| 2016-01-27 | Decision on the motion to state a constitutional question, Cro Mo Ga Côt Br, UPON APPLICATION by the respondent to quash the Notice of Appeal filed by the appellant on June 4, 2015; AND UPON APPLICATION by the respondent for an order stating constitutional questions in this appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to quash is referred to the panel of the Court that will deal with the appeal on its merits. The hearing of the appeal shall be scheduled for April 25, 2016, with filing deadlines to be fixed by the Registrar. The motion to state constitutional questions is granted in part. The constitutional questions are stated as follows: 1. Does paragraph 245(2) 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 s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does paragraph 245(2) of the National Defence Act, R.S.C., 1985, c N-5 violate s. 11(d) of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as 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. The parties are advised that an order stating constitutional questions is not a decision concerning the propriety of the Court considering the constitutional issues raised in the questions and the Court is not obliged to answer stated questions. The parties should address in their factums the appropriateness of the Court deciding the constitutional issues which have been stated. Allowed in part |
|
| 2016-01-27 | Submission of motion to state a constitutional question, Cro Mo Ga Côt Br | |
| 2015-12-22 | Correspondence received, Judgment of the CMAC | |
| 2015-12-21 | Correspondence received from, (Letter Form), Respondent, Reply to submissions made by the Appellant, fax letter rec'd Dec.21/2015 | Ordinary Seaman Cawthorne |
| 2015-12-18 | Correspondence received from, the appellant. Submissions requested from December 1, 2015 letter. | Her Majesty the Queen |
| 2015-12-17 | Correspondence received from, David Antonyshyn dated 2015-12-17. Re: Change of address for the agent | Her Majesty the Queen |
| 2015-12-11 | Correspondence received from, the respondent. Submissions requested from December 1, 2015 letter. | Ordinary Seaman Cawthorne |
| 2015-12-01 | Correspondence (sent by the Court) to, all parties by fax, re: requesting additional submissions | |
| 2015-09-10 | Supplemental document, Book of Authorities filed with the reply to the motion to Quash, Completed on: 2015-09-10 | Ordinary Seaman Cawthorne |
| 2015-09-10 | Reply to the motion to quash | Ordinary Seaman Cawthorne |
| 2015-09-10 | Reply to the motion to state a constitutional question, Completed on: 2015-09-10 | Ordinary Seaman Cawthorne |
| 2015-08-31 | Supplemental document, Book of Authorities filed with response to motion to quash, Completed on: 2015-08-31 | Her Majesty the Queen |
| 2015-08-31 | Response to the motion to quash, Completed on: 2015-08-31 | Her Majesty the Queen |
| 2015-08-31 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2015-08-31 | Her Majesty the Queen |
| 2015-07-31 | Order by, Ro, UPON REFERRAL FOR DIRECTION BY THE REGISTRAR following an application by the respondent to quash the Notice of Appeal filed by the appellant on June 4, 2015 and an application by the respondent for an order stating constitutional questions in this appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion to quash and the motion to state constitutional questions are referred to a panel of at least five (5) judges for disposition in writing; 2. The appellant shall serve and file a response to both motions no later than thirty (30) days from the date of this order; 3. The respondent shall serve and file a reply to the above response no later than ten (10) days after service of the said response. Referred |
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| 2015-07-02 | Correspondence received from, the appellant. Notice as to the agent of the appellant. | Her Majesty the Queen |
| 2015-06-30 | Reply to the motion to quash, (Letter Form), (Electronic version filed on 2015-06-30) | Ordinary Seaman Cawthorne |
| 2015-06-26 | Response to the motion to quash, (Included in the response to the motion to state a constitutional question), Completed on: 2015-06-26 | Her Majesty the Queen |
| 2015-06-26 | Response to the motion to state a constitutional question, Completed on: 2015-06-26 | Her Majesty the Queen |
| 2015-06-24 | Correspondence (sent by the Court) to, all parties re: Notice of appeal, Motion to state constitutional questions and Motion to quash. Signed by the Deputy Registrar. | |
| 2015-06-19 | Other book of authorities, (Book Form), (2 volumes), 2 volumes (in support to the motion to quash the notice of appeal). Proof of service missing. Received 2015-06-23., Completed on: 2015-06-19, (Electronic version filed on 2015-06-22) | Ordinary Seaman Cawthorne |
| 2015-06-19 | Motion to quash, (Book Form), Proof of service missing. Received 2015-06-23., Completed on: 2015-06-23, (Electronic version filed on 2015-06-22) | Ordinary Seaman Cawthorne |
| 2015-06-19 | Motion to state a constitutional question, (Letter Form), Proof of service missing. Received 2015-06-23., Completed on: 2015-06-23, (Electronic version filed on 2015-06-22) | Ordinary Seaman Cawthorne |
| 2015-06-09 | Letter acknowledging receipt of a notice of appeal | |
| 2015-06-04 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-06-04 | Notice of appeal, Completed on: 2015-06-04 | Her Majesty the Queen |
- Date modified: