The applicant, a military sergeant convicted of sexual assault, applied for a stay of execution of his 18-month sentence pending his application for leave to appeal to the Supreme Court of Canada.
The applicant argued that his appeal raised a serious constitutional question regarding the military justice system.
The Court Martial Appeal Court dismissed the motion.
While acknowledging a serious question to be tried and irreparable harm, the Court found that the balance of convenience did not favour a stay.
Given the seriousness of the offence, the passage of ten years since the incident, and the fact that the Court had already ruled on the constitutional issue multiple times, public confidence in the administration of justice required the sentence to be executed in a timely manner.
