Present: Acting Chief Justice Bennett
BETWEEN:
MASTER CORPORAL C. HOUDE
Appellant
and
HIS MAJESTY THE KING
Respondent
Heard by online video conference hosted by the Ottawa, Ontario, Registry on September 6, 2024.
Order and reasons delivered from the Bench at Vancouver, British Columbia, on September 6, 2024 and edited for syntax and grammar, with added reference to the relevant case law.
REASONS FOR ORDER BY:
ACTING CHIEF JUSTICE BENNETT
Present: Acting Chief Justice Bennett
BETWEEN:
MASTER CORPORAL C. HOUDE
Appellant
and
HIS MAJESTY THE KING
Respondent
REASONS FOR ORDER
ACTING CHIEF JUSTICE BENNETT
1This is an application by the Appellant to file a Memorandum of Fact and Law that exceeds the 30-page limit established in the Rules, by an extra 15 pages.
2On June 27, 2024, I granted the appellant a significant extension of time to file his factum to September 13, 2024.
3The reasons provided for seeking additional pages are that there are 29 appeal books, 89 exhibits, 13 voir dires and 7 grounds of appeal.
4I was not advised of what the grounds of appeal will be until this morning. Details were not provided in the application materials and I have not been provided with a draft factum. The grounds of appeal include, potentially, ineffective assistance of counsel. Counsel are unsure if they will proceed with that ground. At this stage in the process, I am surprised that that decision has not been taken. I have no details of the other grounds of appeal other than what they are. I have no information with respect to how complicated the grounds are in the context of the factual matrix.
5Applications to extend the number of pages in a memorandum are not common. The applicant bears the onus to demonstrate why the extra pages are needed. The sheer volume of material alone is not enough.
6Memorandum should concisely state the facts, issues, and arguments. They need not quote extensively from case law. They need not quote from the evidence but simply provide pinpoint references.
7The applicant must show why it would be difficult to set out the legal and factual background and analysis concisely. Filing the draft factum is helpful because that demonstrates how the arguments are to be presented, and why they cannot be made in a shorter format. See Ma v. Vansanten, 2017 BCCA 441 at para. 12.
8In sum, I have not been provided with sufficient information why the memorandum requires additional pages. In my view, the applicant has not met the onus for more pages, and the application is refused. The factum will be filed as required on September 13, 2024 within the 30-page limit.
« Elizabeth A. Bennett »
Acting Chief Justice
COURT MARTIAL APPEAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
CMAC-644
STYLE OF CAUSE:
MASTER CORPORAL C. HOUDE v. HIS MAJESTY THE KING
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
September 6, 2024
REASONS DELIVERED FROM THE BENCH BY:
ACTING CHIEF JUSTICE BENNETT
DATED:
September 6, 2024
APPEARANCES:
Major Francesca Ferguson
Lieutenant-Commander François Bélanger
For The Appellant
Lieutenant-Commander Emmanuelle Léonard-Dufour
Lieutenant-Colonel Karl Lacharité
For The Respondent
SOLICITORS OF RECORD:
Directorate of Defence Counsel Services
Gatineau, Quebec
For The Appellant
Canadian Military Prosecution Service
National Defence Headquarters
Ottawa, Ontario
For The Respondent