Docket

39822

Sergeant S.R. Proulx, et al. v. His Majesty the King

(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)
2024-05-03 Appeal closed
2024-04-26 Formal judgment sent to the registrar of the court of appeal and all parties
2024-04-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2024-04-26 Judgment on the appeal rendered, CJ Ka Côt Row Kas Ja Ob, The appeal from the judgment of the Court Martial Appeal Court of Canada, Numbers CMAC-612 and CMAC-614, 2021 CMAC 3, dated June 17, 2021, heard on October 16, 2023, is dismissed. Karakatsanis J. dissents.
Dismissed
2023-10-26 Transcript received, 106 Pages
2023-10-16 General proceeding, Case Sensitivity Questionnaire
His Majesty the King
2023-10-16 General proceeding, Case Sensitivity Questionnaire Sergeant S.R. Proulx
2023-10-16 Judgment reserved OR rendered with reasons to follow
2023-10-16 Hearing of the appeal, 2023-10-16, CJ Ka Côt Row Kas Ja Ob
2023-10-11 Certificate (on limitations to public access), (Letter Form), 23B Sergeant S.R. Proulx
2023-10-11 Appellant's condensed book, (Book Form), 2 Volumes Sergeant S.R. Proulx
2023-10-11 Certificate (on limitations to public access), (Letter Form), 23B His Majesty the King
2023-10-11 Certificate (on limitations to public access), (Letter Form), 23A His Majesty the King
2023-10-11 Respondent's condensed book, (Book Form) His Majesty the King
2023-09-20 Notice of appearance, AMENDED

Zain Naqi, and David Ionis will appear before the Court via Zoom and Mr. Naqi will present oral argument.
Canadian Civil Liberties Association
2023-09-15 Notice of appearance, Dylan Kerr (Colonel) and Karl Lacharité (Lieutenant-Colonel) will be appearing before the Court in person and that both will present oral arguments. His Majesty the King
2023-09-05 Notice of appearance, Greg Allen, David McEwan and Chloe Trudel are counsel for the Intervener. Greg Allen will be making oral submissions at the hearing. British Columbia Civil Liberties Association
2023-08-30 Notice of appearance, Commander Mark Letourneau, Lieutenant Commander Patrice Desbiens and Major Francesca Ferguson are counsel for the Appellants. They will all be appearing, and Commander Letourneau will be making oral submissions at the hearing. Sergeant S.R. Proulx
2023-08-15 Intervener's factum, (Book Form), Completed on: 2023-08-15, (Electronic version filed on 2023-08-15) Canadian Civil Liberties Association
2023-08-15 Intervener's factum, (Book Form), Completed on: 2023-09-01, (Printed version filed on 2023-09-01) British Columbia Civil Liberties Association
2023-07-21 Certificate (on limitations to public access), Form 23B, (Printed version filed on 2023-07-21) His Majesty the King
2023-07-21 Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-07-21) His Majesty the King
2023-07-21 Respondent's record, (Book Form), Completed on: 2023-07-21, (Printed version filed on 2023-07-21) His Majesty the King
2023-07-21 Respondent's factum, (Book Form), Completed on: 2023-07-21, (Printed version filed on 2023-07-21) His Majesty the King
2023-07-04 Order on motion for leave to intervene, by CÔTÉ J.
2023-07-04 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeals;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the two (2) interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before August 15, 2023.

The two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The interveners are 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 interveners shall pay to the appellants and the respondent any additional disbursements resulting from their interventions.

Granted
2023-07-04 Submission of motion for leave to intervene, Côt
2023-06-28 Reply to the motion for leave to intervene, (Letter Form), Joint with 39820, 40046, 40065 and 40103
, Completed on: 2023-06-29, (Printed version due on 2023-07-06)
British Columbia Civil Liberties Association
2023-06-27 Notice of hearing sent to parties, via email.
2023-06-27 Appeal hearing scheduled, 2023-10-16
2023-06-20 Certificate (on limitations to public access), (Letter Form), 23A
Joint with 39820, 40046, 40065 and 40103, (Printed version filed on 2023-06-22)
His Majesty the King
2023-06-20 Response to the motion for leave to intervene, (Letter Form), Response to CCLA.
Joint with 39820, 40046, 40065 and 40103, Completed on: 2023-06-22, (Printed version filed on 2023-06-22)
His Majesty the King
2023-06-19 Certificate (on limitations to public access), (Letter Form), Joint with 39820, 40046, 40065 and 40103
Missing: Proof of Service (rec' 06/26/23), (Printed version filed on 2023-06-26)
Sergeant S.R. Proulx
2023-06-19 Response to the motion for leave to intervene, (Letter Form), Joint with 39820, 40046, 40065 and 40103
Missing: Proof of Service (rec' 06/26/23), Completed on: 2023-10-25, (Printed version filed on 2023-06-26)
Sergeant S.R. Proulx
2023-06-15 Certificate (on limitations to public access), (Letter Form), Joint with 39820, 40046, 40065 and 40103
23B - Response to Motion for Leave to Intervene, (Printed version filed on 2023-06-15)
His Majesty the King
2023-06-15 Certificate (on limitations to public access), (Letter Form), 23A
Joint with 39820, 40046, 40065 and 40103, (Printed version filed on 2023-06-15)
His Majesty the King
2023-06-15 Response to the motion for leave to intervene, (Letter Form), Response to BCLA.
Joint with 39820, 40046, 40065 and 40103, Completed on: 2023-06-19, (Printed version filed on 2023-06-15)
His Majesty the King
2023-06-12 Notice of name, (Letter Form), (Printed version filed on 2023-06-12) Canadian Civil Liberties Association
2023-06-12 Motion for leave to intervene, (Book Form), Joint with 39820, 40046, 40065 and 40103
Missing: Filing Fee (rec' 06/28/23), Completed on: 2023-10-25, (Printed version filed on 2023-06-12)
Canadian Civil Liberties Association
2023-06-09 Notice of name, (Letter Form), (Printed version due on 2023-06-16) British Columbia Civil Liberties Association
2023-06-09 Motion for leave to intervene, (Book Form), Joint with 39820, 40046, 40065 and 40103
Missing: Filing Fee (rec' 06/16/23), Completed on: 2023-06-19, (Printed version due on 2023-06-16)
British Columbia Civil Liberties Association
2023-06-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2023-05-15 Certificate of counsel (attesting to record), Certificate 24A, (Printed version filed on 2023-05-18) Sergeant S.R. Proulx
2023-05-15 Certificate (on limitations to public access), Form 23B, (Printed version filed on 2023-05-18) Sergeant S.R. Proulx
2023-05-15 Appellant's book of authorities, (Book Form), Completed on: 2023-05-18, (Printed version filed on 2023-05-18) Sergeant S.R. Proulx
2023-05-15 Appellant's record, (Book Form), Completed on: 2023-05-18, (Printed version filed on 2023-05-18) Sergeant S.R. Proulx
2023-05-15 Appellant's factum, (Book Form), Completed on: 2023-05-18, (Printed version filed on 2023-05-18) Sergeant S.R. Proulx
2023-04-25 Correspondence (sent by the Court) to, all parties

Further to the order by Justice Kasirer dated March 9, 2023, in the above referenced matters, the schedule for serving and filing the material is set as follows :

a) The appellants’ records, factums and books of authorities, if any, shall be served and filed on or before May 15, 2023.

b) 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 June 12, 2023.


c) The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before June 22, 2023.


d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before June 29, 2023.

e) 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 August 15, 2023.

f) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before July 24, 2023.

2023-03-09 Order on miscellaneous motion, by KASIRER J.
2023-03-09 Decision on miscellaneous motion, Kas, UPON APPLICATION by the appellants, Leading Seaman C.D. Edwards, Captain C.M.C. Crépeau, Gunner K.J.J. Fontaine and Captain M.J. Iredale (39820), Sergeant S.R. Proulx and Master-Corporal J.R.S. Cloutier (39822), Corporal K.L. Christmas (40046), Lieutenant (Navy) C.A.I. Brown (40065), and Sergeant A.J.R. Thibault (40103) for an order to join their appeals and have them scheduled to be heard together;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of the respondent in each of these appeals;

IT IS HEREBY ORDERED THAT:

The motion is granted and the above noted matters are hereby joined.

The appellants shall be entitled to serve and file a single joint factum not exceeding forty (40) pages in length.

The respondent shall be entitled to serve and file a single joint factum not exceeding forty (40) pages in length.

The Registrar shall set the appeals for hearing together in the Fall 2023 session and shall set a schedule for serving and filing the documents on appeal.

Granted
2023-03-09 Submission of miscellaneous motion, Kas
2023-03-06 Notice of constitutional question(s), Completed on: 2023-03-06, (Printed version due on 2023-03-13) Sergeant S.R. Proulx
2023-03-06 Notice of appeal, Completed on: 2023-03-07, (Printed version filed on 2023-03-07) Sergeant S.R. Proulx
2023-02-28 Response to miscellaneous motion, (Book Form), Response to Motion to Join - filed jointly for 40103, 40065, 40046, 39822 and 39820, Completed on: 2023-03-02, (Printed version filed on 2023-03-13) His Majesty the King
2023-02-24 Notice of miscellaneous motion, (Book Form), Motion to Join - filed jointly for 40103, 40065, 40046, 39822 and 39820
Missing: Filing Fee (rec' 02/28/23), Completed on: 2023-03-09, (Printed version filed on 2023-02-28)
Sergeant S.R. Proulx
2023-02-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-02-02 Judgment on leave sent to the parties
2023-02-02 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court Martial Appeal Court of Canada, Numbers CMAC-612 and CMAC-614, 2021 CMAC 3, dated June 17, 2021, is granted.
Granted
2022-09-13 Notice of change of solicitor, (Letter Form), (Printed version due on 2022-09-20) His Majesty the King
2022-02-14 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-11-08 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-12-01, (Printed version filed on 2021-11-18) Sergeant S.R. Proulx
2021-11-04 Supplemental document, (Letter Form), Court Martial Appeal Court (CMAC) decision on a motion, (Printed version due on 2021-11-12) His Majesty the King
2021-11-01 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-12-01, (Printed version filed on 2021-11-03) His Majesty the King
2021-11-01 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-11-24) His Majesty the King
2021-11-01 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-11-24) His Majesty the King
2021-11-01 Notice of name, (Letter Form), (Printed version filed on 2021-11-24) His Majesty the King
2021-10-01 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 10/01/21
2021-09-10 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-09-15) Sergeant S.R. Proulx
2021-09-10 Application for leave to appeal, (Book Form), Missing:
-CA Order rec'd 2021-09-28, Completed on: 2022-02-11, (Printed version filed on 2021-09-15)
Sergeant S.R. Proulx