R. v. Brown, [1999] 3 S.C.R. 660

B59 443 132 Master Corporal Brown, G.C. Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Brown

File No.: 26990.

1999: October 15.

Present: L’Heureux‑Dubé, McLachlin, Iacobucci, Major and Arbour JJ.

on appeal from the court martial appeal court of canada

Armed Forces – Civil offences -- Defence of entrapment – Member of Armed Forces charged with trafficking in narcotics – President of Standing Court Martial ordering stay of proceedings – Court Martial Appeal Court quashing stay on basis that President of Standing Court Martial misunderstood test for entrapment and breadth of offence – No reversible error in President of Standing Court Martial’s decision – Stay of proceedings restored.

APPEAL from a judgment of the Court Martial Appeal Court of Canada, 1998 CMAC 19173, [1998] C.M.A.J. No. 6 (QL), allowing the respondent’s appeal, quashing the judgment of the President of the Standing Court Martial and ordering a new trial. Appeal allowed.

Lieutenant-Colonel Denis Couture and Major Randall Callan, for the appellant.

Bernard Laprade and Glen Rippon, for the respondent.

The judgment of the Court was delivered orally by

[1] L’Heureux-Dubé J. -- We are all of the view that this appeal as of right should be allowed.

[2] We find no reversible error in the decision of the President of the Standing Court Martial and accordingly the appeal is allowed, the judgment of the Court Martial Appeal Court is set aside and the Order of the President issuing a stay is restored.

Judgment accordingly.

Solicitors for the appellant: The Defence Counsel Services, Department of National Defence, Ottawa.

Solicitor for the respondent: The Attorney General of Canada, Ottawa.