3 total
Sentence of detention suspended following appellant's administrative release from the CAF; prior jurisprudence narrowed.
The appellant, Sergeant Meeks, was convicted of assault causing bodily harm and sentenced to 30 days' detention.
Following his sentencing, he was administratively released from the Canadian Armed Forces (CAF).
On appeal, he sought to admit fresh evidence of his release and argued that his sentence should be suspended or declared inoperative based on prior jurisprudence (Tupper).
The Court admitted the fresh evidence but held that Tupper should be read narrowly, concluding that a sentence of detention remains legally valid despite administrative release.
However, given the change in circumstances and the Crown's consent, the Court allowed the sentence appeal and suspended the remaining period of detention, subject to statutory conditions and a no-contact order.
Crown appeal from acquittal dismissed; improper closing submission on myths and stereotypes did not materially affect verdict.
The Crown appealed the acquittal of the respondent on two counts of indecent acts.
The Crown argued that the military judge erred by admitting evidence that invited impermissible reasoning based on myths and stereotypes regarding the complainant's post-offence conduct, specifically her failure to report immediately and her continued friendly email correspondence with the respondent.
The Court Martial Appeal Court dismissed the appeal.
The Court found that the cross-examination on the emails was conducted for a proper purpose to challenge the complainant's statements and corroborate the defence theory.
While defence counsel's closing address improperly invited the panel to engage in myth-based reasoning, the Court concluded that this single error did not have a material bearing on the verdict, given the military judge's instructions to the panel and the other bases upon which the panel could have found a reasonable doubt regarding the complainant's credibility.
Motion to re-impose stay of proceedings pending SCC leave application in related matters dismissed.
The moving party, a military officer charged with sexual assault and forcible confinement, brought a motion to re-impose a stay of proceedings pending the disposition of an application for leave to appeal to the Supreme Court of Canada in related matters.
The Court Martial Appeal Court of Canada dismissed the motion, noting that significant delays had already occurred and that an application for leave to appeal is not intended to freeze the wheels of justice.
The Court held that it is in the interests of the administration of justice that the appeal be heard on its merits expeditiously.
