Docket

38308

Her Majesty the Queen v. Corporal R.P. Beaudry

(Federal Court) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2019-01-17 Response to the motion for leave to intervene, (Letter Form), to Eugene R. Fidell. (join with 37701), Completed on: 2019-01-17 Corporal R.P. Beaudry
2019-01-17 Response to the motion for leave to intervene, (Letter Form), to Advocates for the Rule of Law. (join with 37701), Completed on: 2019-01-17 Corporal R.P. Beaudry
2019-01-14 Decision on miscellaneous motion, Ga Côt Br Row Mar,
The motion to stay the declaration of invalidity made in the judgment of the Court Martial Appeal Court of Canada, Number CMAC-588, 2018 CMAC 4, dated September 19, 2018, was heard on January 14, 2019, and the Court on that day delivered the following order orally:

GASCON J. — We are all of the view that the Crown’s motion to stay the declaration of invalidity in the Court Martial Appeal Court judgment of September 19, 2018, should be dismissed.

The applicable criteria set out in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, and RJR — MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, are not in dispute. The Crown has failed in our view to establish that the balance of convenience favours granting the stay sought.

The motion is therefore dismissed.
Dismissed
2019-01-14 Hearing of miscellaneous motion, 2019-01-14, Ga Côt Br Row Mar
Judgment rendered
2019-01-09 Correspondence received from, (Letter Form), 11 reserved seats requested Her Majesty the Queen
2019-01-07 Notice of name, (Letter Form), (join with 37701) Advocates for the Rule of Law
2019-01-07 Other book of authorities, (Book Form), (join with 37701), Completed on: 2019-01-07 Advocates for the Rule of Law
2019-01-07 Motion for leave to intervene, (Book Form), (join with 37701) Payment missing., Incomplete Advocates for the Rule of Law
2019-01-04 Motion for leave to intervene, (Book Form), (join with 37701), Completed on: 2019-01-04, (Electronic version due on 2019-01-11) Eugene R. Fidell
2019-01-03 Notice of appearance, (Letter Form), Jean-Bruno Cloutier and Mark Létourneau will be present at the hearing. Mr. Létourneau will present oral arguments. Corporal R.P. Beaudry
2019-01-03 Notice of appearance, (Letter Form), Bruce W. MacGregor, Anthony M. Tamburro and R. Dylan Kerr will be present at the hearing. Mr. Tamburro will present oral arguments. Her Majesty the Queen
2018-12-17 Submission of miscellaneous motion, 2019-01-14, Ga Côt Br Row Mar
Judgment rendered
2018-12-14 Response to miscellaneous motion, (Book Form), to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5 (Filed pursuant to rule 52 further to the Chief Justice`s order dated November 13, 2018)., Completed on: 2018-12-14 Corporal R.P. Beaudry
2018-12-10 Notice of hearing sent to parties
2018-12-06 Notice of miscellaneous motion, (Book Form), to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5 (Filed pursuant to rule 52 further to the Chief Justice`s order dated November 13, 2018)., Completed on: 2018-12-06 Her Majesty the Queen
2018-12-06 Appeal hearing scheduled, 2019-01-14, Hearing of the motion to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5.
Judgment rendered
2018-12-06 Appeal hearing scheduled, 2019-03-26,
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.
2018-11-30 Certificate of counsel (attesting to record), (Letter Form) Corporal R.P. Beaudry
2018-11-30 Respondent's record, (Book Form), Completed on: 2018-11-30 Corporal R.P. Beaudry
2018-11-30 Respondent's factum, (Book Form), Completed on: 2018-11-30 Corporal R.P. Beaudry
2018-11-26 Correspondence (sent by the Court) to, the parties. Tentative hearing date for the motion to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5.
2018-11-16 Correspondence (sent by the Court) to, all parties in 37701 and 38308. Schedule for the filing and service of documents on appeal.
2018-11-13 Correspondence received from, (Letter Form), Bruce MacGregor. Proposed schedule for the filing and service of appeal documents. Her Majesty the Queen
2018-11-13 Correspondence received from, (Letter Form), Bruce W. MacGregor. Request for direction with respect to filing deadlines. Her Majesty the Queen
2018-11-13 Order on miscellaneous motion, (by the CHIEF JUSTICE)
2018-11-13 Order on miscellaneous motion, (by the CHIEF JUSTICE)
2018-11-13 Decision on miscellaneous motion, CJ,
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.
Granted
2018-11-13 Decision on miscellaneous motion, CJ, 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.
Oral hearing ordered
2018-11-13 Submission of miscellaneous motion, CJ
2018-10-31 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-10-02 Reply to miscellaneous motion, (Letter Form), to the motion to suspend., Completed on: 2018-10-02 Her Majesty the Queen
2018-10-02 Reply to miscellaneous motion, (Letter Form), to the motion to join. , Completed on: 2018-10-02 Her Majesty the Queen
2018-10-01 Response to miscellaneous motion, (Letter Form), to the motion to join. , Completed on: 2018-10-01 Corporal R.P. Beaudry
2018-09-28 Response to miscellaneous motion, (Book Form), to the motion to suspend. , Completed on: 2018-09-28 Corporal R.P. Beaudry
2018-09-27 Letter acknowledging receipt of a notice of appeal
2018-09-21 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2018-09-21 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2018-09-21 Notice of constitutional question(s), (Letter Form), Completed on: 2018-09-21 Her Majesty the Queen
2018-09-21 Notice of miscellaneous motion, (Letter Form), Motion to suspend the declaration of invalidity, Completed on: 2018-09-21 Her Majesty the Queen
2018-09-21 Notice of miscellaneous motion, (Letter Form), Motion to Join cases and abridge time, Completed on: 2018-09-21 Her Majesty the Queen
2018-09-21 Notice of appeal, Completed on: 2018-09-21 Her Majesty the Queen