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.
41618
Sergeant R.D. Kohlsmith v. His Majesty the King
(Federal) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-04-04 | Close file on Leave | |
| 2025-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-04-03 | Judgment on leave sent to the parties | |
| 2025-04-03 |
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-643, 2024 CMAC 8, dated November 1, 2024, is dismissed. Dismissed |
|
| 2025-03-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-31 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-01-31) | His Majesty the King |
| 2025-01-31 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-31) | His Majesty the King |
| 2025-01-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-02-03, (Printed version filed on 2025-01-31) | His Majesty the King |
| 2024-12-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-12-30 | Notice of name, (Letter Form), (Printed version filed on 2025-01-22) | Sergeant R.D. Kohlsmith |
| 2024-12-30 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-01-22) | Sergeant R.D. Kohlsmith |
| 2024-12-30 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-22) | Sergeant R.D. Kohlsmith |
| 2024-12-30 | Application for leave to appeal, (Book Form), ., Completed on: 2025-01-21, (Printed version filed on 2025-01-22) | Sergeant R.D. Kohlsmith |
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 |
|---|---|---|
| Sergeant R.D. Kohlsmith | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Sergeant R.D. Kohlsmith
Counsel
Block 2600
Gatineau, Quebec
J8Y 6L2
Telephone: (647) 354-0685
Email: Carlos.DaCruz@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
Agent
Asticou Dentre, Bloc 2600
Gatineau, Quebec
J8Y 6L2
Telephone: (647) 354-0685
Email: carlos.dacruz@forces.gc.ca
Summary
Keywords
Charter of Rights — Right to be tried within a reasonable time — Criminal law — Armed forces — Courts martial — Whether Court Martial Appeal Court erred in finding delay beyond presumptive 18-month ceiling was justified due to exceptional circumstances — Whether delay arising from Crown’s late pre-trial applications was an exceptional circumstance — Whether Crown acted reasonably in bringing substantial pre-trial applications on the eve of a trial scheduled one day below the presumptive ceiling — How should framework set out in R. v. Jordan, 2016 SCC 27, apply in cases scheduled near the presumptive ceiling — What obligations do parties bear to mitigate foreseeable risks of delay?
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.
Sgt. Kohlsmith was charged with sexual assault on April 2, 2020. A Standing Court Martial commenced on February 28, 2022 and ended on May 20, 2022. During the proceedings, Sgt. Kohlsmith applied twice for an order to stay proceedings for unreasonable delay. Both Jordan motions were dismissed. Sgt. Kohlsmith was convicted of sexual assault. The Court Martial Appeal Court dismissed an appeal.
Lower court rulings
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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