Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41341
Master Corporal V. Brousseau v. His Majesty the King
(Federal) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-21 | Close file on Leave | |
| 2025-02-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-20 | Judgment on leave sent to the parties | |
| 2025-02-20 |
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, Number CMAC-633, 2024 CMAC 2, dated April 22, 2024, is dismissed. Dismissed |
|
| 2025-01-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-16 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-08-16) | His Majesty the King |
| 2024-08-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-08-16) | His Majesty the King |
| 2024-08-16 | Respondent's response on the application for leave to appeal, (Book Form), PUB BAN , Completed on: 2024-08-16, (Printed version filed on 2024-08-16) | His Majesty the King |
| 2024-06-21 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-06-20 | Notice of name | Master Corporal V. Brousseau |
| 2024-06-20 | Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B | Master Corporal V. Brousseau |
| 2024-06-20 | Certificate (on limitations to public access), 23A | Master Corporal V. Brousseau |
| 2024-06-20 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 06-21-2024), Completed on: 2024-06-21, (Printed version filed on 2024-06-27) |
Master Corporal V. Brousseau |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Master Corporal V. Brousseau | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Master Corporal V. Brousseau
Counsel
Centre Asticou, bloc 2600
241, boul. de la Cité-des-Jeunes
Gatineau, Quebec
J8Y 6L2
Telephone: (343) 553-5662
FAX: (819) 997-6322
Email: patrice-desbiens@forces.gc.ca
Party: His Majesty the King
Counsel
National Defence Headquarters
7th Floor, South Tower, 101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
Telephone: (613) 995-6321
Email: karl.lacharite@forces.gc.ca
Summary
Keywords
Charter of Rights and Freedoms — Fundamental justice — Integrity of judicial process — Criminal law — Evidence of complainant — Remedies — Whether counsel’s conduct amounted to an abuse of process — If so, whether termination of proceedings was an appropriate remedy?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE)
Master Corporal Brousseau was charged with sexual assault. A military judge ordered counsel for the Canadian Military Prosecution Service to communicate with the complainant to solicit responses to specified questions regarding her past sexual relations with MCpl. Brousseau in order to submit the evidence in an agreed statement of facts. Counsel did not comply with order, applied for judicial review, and requested a stay of the order pending judicial review. The military judge held counsel’s conduct was an abuse of process and issued an order ending the court martial proceedings. The Court Martial Appeal Court granted an appeal and ordered a new trial before a different military judge.
Lower court rulings
Order issued ending proceedings
Appeal allowed, new trial ordered before different military judge
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available