Docket

37701

Master Corporal C.J. Stillman, et al. v. Her Majesty the Queen, et al.

(Federal) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-07-31 Appeal closed
2019-07-29 Formal judgment sent to the registrar of the court of appeal and all parties
2019-07-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-07-26 General proceeding, (Letter Form),
Lock-up forms by:
Jean-Bruno Cloutier
Delano Fullerton		 Master Corporal C.J. Stillman
2019-07-26 General proceeding, (Letter Form),
Undertaking forms by:
Dylan Kerr
Bruce MacGregor		 Her Majesty the Queen
2019-07-26 General proceeding, (Letter Form),
Undertaking forms by:
Delano Fullerton
Jean-Bruno Cloutier
 Master Corporal C.J. Stillman
2019-07-26 General proceeding, (Letter Form), Counsel sign-in sheet. Master Corporal C.J. Stillman
2019-07-26 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row, The appeals from the judgments of the Court Martial Appeal Court of Canada, Numbers CMAC-567, CMAC-574, CMAC-577, CMAC-580, CMAC-581, CMAC-583, CMAC-584, 2017 CMAC 2, dated June 23, 2017, heard on March 26, 2019, are dismissed. Karakatsanis and Rowe JJ. dissent.
Dismissed
2019-06-19 General proceeding, (Letter Form),
Lock-up form by:
Bruce MacGregor
Dylan Kerr		 Her Majesty the Queen
2019-06-18 General proceeding, (Letter Form),
Lock-up form by:
Adam Goldenberg		 Advocates for the Rule of Law
2019-06-13 General proceeding, (Letter Form),
Lock-up form by:
Jean-Bruno Cloutier
Mark Létourneau		 Master Corporal C.J. Stillman
2019-06-12 Correspondence (sent by the Court) to, the parties. The Court will hold a lock-up in this file.
2019-06-05 Correspondence received from, (Letter Form), Adam Goldenberg. Comments on possible lock-up. Advocates for the Rule of Law
2019-06-05 Correspondence received from, (Letter Form), Mark Létourneau. Comments on possible lock-up. Master Corporal C.J. Stillman
2019-06-05 Correspondence received from, (Letter Form), Dylan Kerr. Comments on possible lock-up. Her Majesty the Queen
2019-06-05 Correspondence (sent by the Court) to, the parties seeking their comments on a possible lock-up.
2019-06-04 Media lock-up requested or proposed
2019-04-02 Transcript received, (108 pages) (joint with 38308)
2019-03-26 Judgment reserved OR rendered with reasons to follow
2019-03-26 Hearing of the appeal, 2019-03-26, CJ Abe Mo Ka Côt Br Row
Judgment reserved
2019-03-26 General proceeding, Joint with 38308. Case Sensitivity Questionnaire Her Majesty the Queen
2019-03-26 General proceeding, Joint with 38308. Case Sensitivity Questionnaire Master Corporal C.J. Stillman
2019-03-26 Intervener's condensed book, (Book Form), Joint with 38308. Submitted in Court (14 copies) Advocates for the Rule of Law
2019-03-26 Respondent's condensed book, (Book Form), Joint with 38308. Submitted in Court (14 copies) Her Majesty the Queen
2019-03-26 Appellant's condensed book, (Book Form), Joint with 38308. Submitted in Court (14 copies) Master Corporal C.J. Stillman
2019-03-13 Notice of appearance, (Letter Form), Joint with 38308. Jean-Bruno Cloutier and Mark Létourneau will appear before the court, and both will be presenting oral arguments. Master Corporal C.J. Stillman
2019-03-13 Correspondence received from, (Letter Form), Joint with 38308. 8 reserved seats requested. Master Corporal C.J. Stillman
2019-03-12 Appellant's book of authorities, (Book Form), Joint with 38308. Reply Factum, Completed on: 2019-03-12 Master Corporal C.J. Stillman
2019-03-12 Reply factum on appeal, (Book Form), Joint with 38308., Completed on: 2019-03-12 Master Corporal C.J. Stillman
2019-03-12 Notice of appearance, (Letter Form), Joint with 38308. Bruce W. MacGregor, Dylan Kerr and Anthony M. Tamburro will appear before the court. Bruce W. MacGregor and Dylan Kerr will present oral arguments. Her Majesty the Queen
2019-03-12 Correspondence received from, (Letter Form), Joint with 38308. 12 reserved seats requested.
 Her Majesty the Queen
2019-03-11 Correspondence received from, (Letter Form), Joint with 38308. 2 reserved seats requested. Advocates for the Rule of Law
2019-03-11 Notice of appearance, (Letter Form), Joint with 38308. Adam Goldenberg, Peter Grbac and Asher Honickman will appear before the court. Mr. Goldenberg will present oral arguments. Advocates for the Rule of Law
2019-03-08 Intervener's book of authorities, (Book Form), Joint with 38308., Completed on: 2019-03-08 Advocates for the Rule of Law
2019-03-08 Intervener's factum, (Book Form), Joint with 38308., Completed on: 2019-03-08 Advocates for the Rule of Law
2019-03-08 Appeal perfected for hearing
2019-02-08 Respondent's book of authorities, (Book Form), Joint with 38308, Completed on: 2019-02-08 Her Majesty the Queen
2019-02-08 Respondent's factum, (Book Form), Joint with 38308, Completed on: 2019-02-08 Her Majesty the Queen
2019-01-29 Order on motion for leave to intervene, by MARTIN J.
2019-01-29 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by Eugene R. Fidell and the Advocates for the Rule of Law for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene by the Advocates for the Rule of Law is granted and the said intervener shall be entitled to serve and file a single factum not exceeding ten (10) pages in these appeals on or before March 8, 2019.
The Advocates for the Rule of Law is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The motion for leave to intervene by Eugene R. Fidell is dismissed.
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 appellants and respondents any additional disbursements resulting from its intervention.
Allowed in part
2019-01-29 Submission of motion for leave to intervene, Mar
2019-01-21 Reply to the motion for leave to intervene, (Letter Form), (join with 38308), Completed on: 2019-01-21 Advocates for the Rule of Law
2019-01-18 Reply to the motion for leave to intervene, (Book Form), (join with 38308) Proof of service missing (received 2019-01-21)., Completed on: 2019-01-22 Eugene R. Fidell
2019-01-17 Response to the motion for leave to intervene, (Letter Form), (join 38308), Completed on: 2019-01-17, (Printed version filed on 2019-01-18) Her Majesty the Queen
2019-01-17 Response to the motion for leave to intervene, (Letter Form), to Eugene R. Fidell. (join with 38308), Completed on: 2019-01-17 Master Corporal C.J. Stillman
2019-01-17 Response to the motion for leave to intervene, (Letter Form), to Advocates for the Rule of Law. (join with 38308), Completed on: 2019-01-17 Master Corporal C.J. Stillman
2019-01-07 Notice of name, (Letter Form), (join with 38308) Advocates for the Rule of Law
2019-01-07 Other book of authorities, (Book Form), (joint with 38308), Completed on: 2019-01-07 Advocates for the Rule of Law
2019-01-07 Motion for leave to intervene, (Book Form), (join with 38308) , Completed on: 2019-01-28 Advocates for the Rule of Law
2019-01-04 Motion for leave to intervene, (Book Form), (join with 38308), Completed on: 2019-01-04, (Electronic version due on 2019-01-11) Eugene R. Fidell
2018-12-10 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-03-26, (PREVIOUSLY TENTATIVELY SCHEDULED TO OCT.16/2018)

The schedule for serving and filing the material is set as follows:

The appellants in file 37701 and the respondent in file 38308 shall jointly file a record, a factum and, if any, a book of authorities on or before November 30, 2018.

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 January 7, 2019.

The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before January 17, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 24, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 8, 2019.

The respondents in file 37701 and the appellant in file 38308 shall jointly file a record, a factum and, if any, a book of authorities on or before February 12, 2019.

The appellants in file 37701 and the respondent in file 38308 shall jointly file a reply factum not to exceed forty (40) pages in length on or before March 12, 2019.
Judgment reserved
2018-11-30 Certificate of counsel (attesting to record), (Letter Form) Master Corporal C.J. Stillman
2018-11-30 Appellant's record, (Book Form), Completed on: 2018-11-30 Master Corporal C.J. Stillman
2018-11-30 Appellant's factum, (Book Form), Completed on: 2018-11-30 Master Corporal C.J. Stillman
2018-11-16 Correspondence (sent by the Court) to, all the parties in 37701 and 38308. Schedule for the filing and service of documents on appeal.
2018-11-13 Order by, the CHIEF JUSTICE

UPON APPLICATION by the appellant for an order to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5, pursuant to Section 65.1 of the Supreme Court Act and Rule 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
An oral hearing is ordered to hear the appellant’s motion. The hearing date shall be fixed by the Registrar.
A copy of this order shall be placed in file no. 37701 and shall be provided to the parties in that appeal., CJ
2018-11-13 Order by, the CHIEF JUSTICE

UPON APPLICATION by the appellant for an order to join this appeal with the appeal in Master Corporal C.J. Stillman, et al. v. Her Majesty the Queen, et al. (File 37701) and to abridge the time to permit both appeals to be heard together pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted on the following terms:
1)The order of Gascon J. dated April 11, 2018, is varied to allow the appellants in Master Corporal C.J. Stillman, et al. v. Her Majesty the Queen, et al. (File 37701) to file and serve their factum, record and book of authorities, if any, on or before November 30, 2018.
2)The Registrar is directed to set the two appeals for hearing together in the Winter 2019 session and to set a schedule for serving and filing the documents on appeal, including any reply factums, after consulting with the parties as necessary.
3)A copy of this order shall be placed in file no. 37701 and shall be provided to the parties in that appeal., CJ
2018-10-31 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-09-25 Supplemental document, (Letter Form), Decision of the Court Martial Appeal Court of Canada in Beaudry v. R (File no. CMAC-588, 2018 CACM 4), rendered September 19, 2018., Completed on: 2018-09-25 Master Corporal C.J. Stillman
2018-04-11 Order on motion to extend time, (BY JUSTICE GASCON)
2018-04-11 Decision on motion to extend time, Ga, UPON APPLICATION by the appellants for an order extending the time to serve and file their factum and record to eight (8) weeks after the date on which the reasons for judgment in R. v. Beaudry, CMAC-588, are released;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1.The motion is granted. The appellants are permitted to serve and file their factum, record and books of authority eight weeks after the date of the judgment of the Court Martial Appeal Court in Beaudry.
2.The appellants are required to advise the Registrar, in writing, within seven days of the date of any decision or judgment of the Court Martial Appeal Court with respect to the Beaudry case. Once the Registrar is advised of the date, he shall establish a new filing timetable.
3.The appeal, which is tentatively scheduled to be heard on October 16, 2018, is adjourned to a date to be fixed by the Registrar.
Granted
2018-04-11 Submission of motion to extend time, Ga
2018-04-09 Notice of constitutional question(s), Completed on: 2018-04-12 Master Corporal C.J. Stillman
2018-04-09 Notice of appeal, (Book Form), Completed on: 2018-04-09 Master Corporal C.J. Stillman
2018-03-22 Motion to extend time, (Book Form), to serve and file the record and factum eight weeks after the Beaudry reasons for judgment are released., Completed on: 2018-03-22 Master Corporal C.J. Stillman
2018-03-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-03-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-03-09 Judgment on leave sent to the parties
2018-03-08 Judgment of the Court on the application for leave to appeal,
The motion for leave to intervene in the application for leave to appeal is dismissed without prejudice to the right of Eugene R. Fidell to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court Martial Appeal Court of Canada, Numbers CMAC-567, CMAC-574, CMAC-577, CMAC-578, CMAC-579, CMAC-580, CMAC-581, CMAC-583 and CMAC-584, 2017 CMAC 2, dated June 23, 2017, is granted.
Granted
2018-03-08 Decision on motion for leave to intervene,
See judgment of the application for leave to appeal.
Dismissed
2017-12-04 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-12-04 Submission of motion for leave to intervene, for consideration by the Court
2017-10-27 Supplemental document, (Letter Form), A copy of a recent discussion in the House of Lords - the right to trial by jury and the application of s.42 of the Armed Forces Act 2006 c. 52 UK. Master Corporal C.J. Stillman
2017-10-02 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-10-02 Master Corporal C.J. Stillman
2017-09-20 Certificate (on limitations to public access), Form 23B Her Majesty the Queen
2017-09-20 Certificate (on limitations to public access), Form 23A Her Majesty the Queen
2017-09-20 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-09-20 Her Majesty the Queen
2017-09-14 Motion for leave to intervene, (Book Form), Completed on: 2017-09-14 Eugene R. Fidell
2017-08-21 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-08-21
2017-08-18 Certificate (on limitations to public access), Form 23B Master Corporal C.J. Stillman
2017-08-18 Certificate (on limitations to public access), Form 23A Master Corporal C.J. Stillman
2017-08-18 Application for leave to appeal, (Book Form), Completed on: 2017-08-18 Master Corporal C.J. Stillman
2017-06-20 Notice of application for leave to appeal, Amended notice requested, Completed on: 2017-06-20 Master Corporal C.J. Stillman