Case information
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41718
Corporal Steven O'Dell 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) |
|---|---|---|
| 2025-08-08 | Close file on Leave | |
| 2025-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-03 | Judgment on leave sent to the parties | |
| 2025-07-03 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-638, 2024 CMAC 5, dated July 25, 2024, is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal would have been dismissed. Dismissed |
|
| 2025-06-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-02 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-04-17 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-04-17 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-04-17 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2025-04-22, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-04-17 | Respondent's response on the application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2025-04-22, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-04-08 | Correspondence received from, (Letter Form), (Printed version due on 2025-04-15) | Corporal Steven O'Dell |
| 2025-03-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-21 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2025-03-28) | Corporal Steven O'Dell |
| 2025-03-21 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-04-22, (Printed version filed on 2025-03-24) | Corporal Steven O'Dell |
| 2025-03-21 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2025-03-26) - Amended notice of application (Rec'd 2025-04-15) - Trial court judgment and order (Rec'd 2025-04-15) - Form 23B, Completed on: 2025-06-04, (Printed version filed on 2025-04-17) |
Corporal Steven O'Dell |
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 |
|---|---|---|
| Corporal Steven O'Dell | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Corporal Steven O'Dell
Counsel
150 Metcalfe Street
Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 755-4008
FAX: (888) 989-3947
Email: ask@davidAnber.com
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
150 Metcalfe Street, Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 755-4008
Email: ask@davidanber.com
Summary
Keywords
Criminal law — Military law — Evidence — Hearsay — Prior consistent statement — Court martial — Whether manner and content of accused’s prior out-of-court statement upon being confronted with allegation can offer probative value to trier of fact — Whether military judge correctly concluded no exception to admission of hearsay statement applied to accused’s prior out-of-court utterance?
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)
A complainant alleged that Cpl O’Dell touched her in a sexual manner during military exercises. Cpl O’Dell was charged with sexual assault contrary to s. 130 of the National Defence Act and s. 271 of the Criminal Code. At a general court martial, a military investigator who had investigated the complaint was about to describe Cpl O’Dell’s version of events given to him after he had confronted Cpl O’Dell with the version of events that the investigator claimed the complainant had given to him. The military judge ruled that evidence inadmissible under rule 35 of the Military Rules of Evidence. The panel convicted Cpl O’Dell of sexual assault. The Court Martial Appeal Court dismissed an appeal.
Lower court rulings
General Court Martial
Conviction by panel of sexual assault
Appeal dismissed
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