Docket

40655

His Majesty the King v. Private D.T. Vu

(Federal) (Criminal) (As of Right)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2024-01-29 Transcript received, 49 Pages
2024-01-18 Formal judgment sent to the registrar of the court of appeal and all parties
2024-01-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2024-01-16 Judgment on the appeal rendered, CJ Ka Row Mar Ja Ob Mor, The appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-621, 2023 CMAC 2, dated February 27, 2023, was heard on January 16, 2024, and the Court on that day delivered the following judgment orally:


THE CHIEF JUSTICE — The respondent was acquitted of sexual assault before the Court Martial. The Crown appealed, arguing that the military judge failed to consider all of the evidence cumulatively and assessed the evidence on the wrong legal principles. A majority of the Court Martial Appeal Court dismissed the Crown’s appeal. Justice McVeigh, in dissent, would have allowed the appeal and ordered a new trial.


The Crown appeals to this Court as of right.


A majority of the Court is of the view that the appeal should be dismissed, substantially for the reasons of the majority of the Court Martial Appeal Court. The military judge’s assessment of the evidence was thorough and cumulative. Reading the judgment as a whole, the military judge did not adopt a piecemeal or narrow approach to the evidence. In addition, we are not persuaded that the military judge applied the wrong legal principles. While we agree with all of the justices of the Court Martial Appeal Court that the military judge engaged in some improper speculation, we share the majority’s view that these comments did not undermine the military judge’s fundamental findings.


For her part, Justice O’Bonsawin would allow the appeal for the reasons of Justice McVeigh, at paras. 39-90 and 119-26 (CanLII). Therefore, the appeal is dismissed.

Dismissed
2024-01-16 Hearing of the appeal, 2024-01-16, CJ Ka Row Mar Ja Ob Mor
2024-01-16 General proceeding, (Letter Form), Case sensitivity questionnaire;, (Electronic version filed on 2024-01-16) His Majesty the King
2024-01-11 Certificate (on limitations to public access), 23B of the condensed book His Majesty the King
2024-01-11 Certificate (on limitations to public access), 23A His Majesty the King
2024-01-11 Appellant's condensed book, (Book Form), (Printed version filed on 2024-01-12) His Majesty the King
2024-01-11 Certificate (on limitations to public access), 23B of Condensed book Private D.T. Vu
2024-01-11 Respondent's condensed book, (Book Form), (Printed version filed on 2024-01-11) Private D.T. Vu
2024-01-08 Certificate (on limitations to public access), (Letter Form), 23B-Amended Factum, (Printed version due on 2024-01-15) His Majesty the King
2024-01-08 Certificate (on limitations to public access), (Letter Form), 23A - Amended Factum, (Printed version due on 2024-01-15) His Majesty the King
2023-12-12 Certificate (on limitations to public access), (Letter Form), 23B Notice of Appearance, (Printed version due on 2023-12-19) His Majesty the King
2023-12-12 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-12-19) His Majesty the King
2023-12-08 Notice of appearance, Major Francesca Ferguson and Colonel Nooral Ahmed will be appearing before the Court in person and Major Francesca Ferguson will present oral argument. Private D.T. Vu
2023-12-07 Notice of appearance, Karl Lacharité (Lieutenant-Colonel) and Dominic Martin (Lieutenant-Colonel) will be appearing before the Court and Karl Lacharité (Lieutenant-Colonel) will present oral argument.
His Majesty the King
2023-11-16 Notice of change of counsel Private D.T. Vu
2023-10-31 Notice of hearing sent to parties
2023-10-31 Appeal hearing scheduled, 2024-01-16
2023-10-06 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (sent by email to all parties)
2023-07-11 Certificate (on limitations to public access), 23B Private D.T. Vu
2023-07-11 Respondent's factum, (Book Form), Completed on: 2023-07-11, (Printed version filed on 2023-07-13) Private D.T. Vu
2023-07-04 Notice of withdrawal, Withdrawal of Counsel, Completed on: 2023-07-14 His Majesty the King
2023-05-16 Certificate (on limitations to public access), 23B His Majesty the King
2023-05-16 Certificate (on limitations to public access), 23A His Majesty the King
2023-05-16 Appellant's record, (Book Form), (9 volumes), PART IV - Tab 2 - SEALED, Completed on: 2023-05-19, (Printed version filed on 2023-05-17) His Majesty the King
2023-05-16 Appellant's factum, (Book Form), Proof of service
Factum non-compliant; amended factum filed 01/08/2021, Completed on: 2024-01-08, (Printed version filed on 2023-05-17)
His Majesty the King
2023-03-28 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2023-03-28
2023-03-24 Certificate (on limitations to public access), 23B-Notice of appeal His Majesty the King
2023-03-24 Certificate (on limitations to public access), 23A His Majesty the King
2023-03-24 Notice of appeal, (Letter Form), REQUIRED:
- Signed CMAC judgment (rec'd 2023-04-06)
- Signed Trial (Court Martial) decision (rec'd 2023-04-06)
- Filing fee (rec'd 2023-03-28)
- Proof of service (rec'd 2023-04-13), Completed on: 2023-04-13, (Printed version filed on 2023-03-30)
His Majesty the King