Francis Boucher

The appellant, Master Corporal Claude Houde, appealed two findings of guilt for sexual assault made by a General Court Martial panel.

The appeal centred on errors in the trial judge's instructions to the panel regarding the complainant's credibility and the assessment of photographic evidence.

The Court Martial Appeal Court found that the judge's instructions improperly focused on the complainant's credibility as the determinative issue, effectively circumventing the standard of proof beyond a reasonable doubt as set out in R. v. W(D).

Furthermore, the judge erred by instructing the panel to decide whether to believe the photographic evidence before considering it as part of the whole evidence.

The appeal was allowed and a new trial was ordered on the two charges.

The Canadian Military Prosecution Service moved to have the appellant's appeal dismissed for failure to file a memorandum of fact and law within the extended time limits previously ordered.

The appellant concurrently applied to restart the appeal and for an extension of time.

The Court Martial Appeal Court dismissed the prosecution's motion, noting that an earlier order denying an extension could be revisited with compelling new evidence.

Finding that new evidence explained the delay caused by counsel's conflict of interest and that the grounds of appeal were not frivolous, the Court granted the appellant until February 28, 2024, to file his memorandum.

The appellant, convicted of sexual assault by a General Court Martial, sought a second extension of time to file his memorandum of fact and law for his appeal.

The appellant's new counsel requested an additional 60 days after a previous 90-day extension had expired.

The Court Martial Appeal Court of Canada dismissed the motion, finding a complete lack of diligence by the appellant and his counsel in explaining the delays.

Furthermore, the appellant failed to provide any evidence demonstrating the merits of the appeal, and granting another extension would prejudice the prosecution.