Sylvain Morissette

The appellant, a military police officer and provost marshal, was convicted at a Standing Court Martial of two counts of conduct to the prejudice of good order and discipline under section 129 of the National Defence Act.

The charges arose from incidents during a deployment where he simulated a sexual act directed at a female colleague and made inappropriate sexual comments about women in the presence of junior female members.

On appeal, he argued the military judge misapplied the W.(D.) framework for assessing credibility and erred in finding his conduct prejudiced good order and discipline.

The Court Martial Appeal Court dismissed the appeal, finding the military judge correctly applied the law, properly assessed the evidence, and reasonably concluded that the appellant's actions undermined discipline given his senior rank and role.

The appellant, a Captain in the Canadian Armed Forces, was convicted by a court martial of sexual assault, conduct to the prejudice of good order and discipline, and ill treatment of a subordinate.

He was sentenced to a reduction in rank to captain (from major) and ordered to register on the sex offender registry.

Pending his appeal of the convictions and sentence, he brought a motion to stay the execution of his reduction in rank, arguing that his upcoming release from the Armed Forces would be embarrassing if his release documents and ceremony reflected the lower rank.

The Court Martial Appeal Court held that it had jurisdiction to stay the execution of a reduction in rank.

However, applying the RJR-MacDonald test, the Court found that the appellant would not suffer irreparable harm, as the release documents could be corrected if his appeal succeeded.

The balance of convenience favoured the respondent.

The motion was dismissed.