The appellant brought a motion for an extension of time to file a late notice of appeal to resurrect an appeal he had abandoned in 2019.
In 2019, the appellant was found guilty of sexual assault by a court martial and ordered to be registered on the sex offender registry.
Following the Supreme Court of Canada decision in R. v. Ndhlovu finding mandatory registration unconstitutional, and the subsequent CMAC decision in R. v. O'Dell applying Ndhlovu to the National Defence Act, the appellant sought to challenge his inclusion.
The Court Martial Appeal Court granted the motion, finding the change in the law was a fundamental event striking at the root of the decision to abandon the appeal, the appeal had a reasonable prospect of success, and there was no prejudice to the respondent.
