Present: GLEASON C.J.
BETWEEN:
HIS MAJESTY THE KING
Appellant
and
CORPORAL L.C. CALDERON
Respondent
Heard at Ottawa, Ontario, on June 17, 2025.
Order delivered at Ottawa, Ontario, on June 17, 2025.
REASONS FOR ORDER BY:
GLEASON C.J.
Present: GLEASON C.J.
BETWEEN:
HIS MAJESTY THE KING
Appellant
and
CORPORAL L.C. CALDERON
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario, on June 17, 2025).
GLEASON C.J.
1The appellant has brought a motion for leave to file a reply memorandum. The respondent opposes leave being granted.
2Under Rule 10(2) of the Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada, S.O.R./86-959, leave of the Court is required to file a reply memorandum unless a cross-appeal has been filed and the respondent has advanced in their memorandum of fact and law arguments in support of varying the decision under appeal. Thus, where, as here, there is no cross-appeal, it is exceptional that a reply would be filed, and leave of the Court is required.
3I have concluded that, although there is no right to file a reply memorandum, leave should be granted in this case for the following reasons.
4First, at least to a certain extent, the appellant could not have reasonably addressed the issues the appellant wishes to address in the reply memorandum in the appellant’s memorandum of fact and law given some of the positions taken by the respondent in his memorandum of fact and law.
5Second, there is no prejudice to the respondent if leave to file the reply is granted and, indeed, granting such leave could be seen to be to his advantage as it gives counsel for the respondent advance notice of what otherwise would have been submitted only orally in reply by counsel for the appellant.
6Finally, the reply will be useful for the Court.
7The motion is therefore allowed, and the appellant is granted leave to file the reply, which shall be filed today.
“Mary J.L. Gleason”
Chief Justice
COURT MARTIAL APPEAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
CMAC-646
STYLE OF CAUSE:
HIS MAJESTY THE KING v. CORPORAL L.C. CALDERON
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
June 17, 2025
REASONS FOR ORDER BY:
GLEASON C.J.
DATED:
June 17, 2025
APPEARANCES:
Lieutenant-Colonel Karl Lacharité Lieutenant-Commander Emmanuelle Leonard-Dufour
For The Appellant
Major Francesca Ferguson Major Ève Rioux
For The Respondent
SOLICITORS OF RECORD:
Canadian Military Prosecution Service Ottawa, Ontario
For The Appellant
Directorate of Defence Counsel Services Gatineau, Quebec
For The Respondent