The applicant was arrested and released on conditions by a military judge before any charges were laid.
He filed a motion to cancel the conditions, arguing that a member should be released without conditions if no charges are laid by the time of a custody review hearing.
The charges were subsequently laid but then stayed by his commanding officer, rendering the motion moot.
The applicant requested the motion be heard anyway to clarify the law.
The Chief Justice of the Court Martial Appeal Court applied the factors for hearing moot cases and concluded that the confusion created by previous obiter dicta in *R. v. Larocque* constituted special circumstances warranting a hearing.
The motion was ordered to be set down for hearing despite its mootness.
