Case information
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35873
Private Alexandra Vezina v. Her Majesty the Queen
(Federal) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-11-25 | Appeal closed | |
| 2015-11-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-19 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-564, 2014 CMAC 3, dated March 7, 2014, heard on May 12, 2015, is dismissed. The constitutional questions are answered as follows: 1. Does s. 130(1)(a) of the National Defence Act, R.S.C. 1985, c. N-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: No. 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to answer the question. 3. Does s. 117(f) of the National Defence Act, R.S.C. 1985, c. N-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: No. 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to answer the question. Dismissed |
|
| 2015-05-20 | Transcript received, (92 pages) | |
| 2015-05-12 | Judgment reserved OR rendered with reasons to follow | |
| 2015-05-12 | Respondent's condensed book, Submitted in Court (14 copies) - Joint with 35755 | Her Majesty the Queen |
| 2015-05-12 | Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35755 & 35946 | Private Alexandra Vezina |
| 2015-05-12 |
Hearing of the appeal, 2015-05-12, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment reserved |
|
| 2015-04-13 | Notice of appearance, Steven Richards and Bruce MacGregor will be present at the hearing. | Her Majesty the Queen |
| 2015-03-23 | Notice of appearance, (Letter Form), Delano K. Fullerton, Mark Létourneau and Jean-Bruno Cloutier will be present at the hearing. Mark Létourneau and Jean-Bruno Cloutier will present oral argument of 30 minutes each for the appellants. Mark Létourneau will speak in English and Jean-Bruno Cloutier in French. | Private Alexandra Vezina |
| 2015-03-18 | Correspondence received from, (Letter Form), Appellant, re: 3 reserved seats requested | Private Alexandra Vezina |
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 |
Appeal hearing scheduled, 2015-05-12, (previously tentatively scheduled for February 12, 2015) Judgment reserved |
|
| 2015-01-19 | Appeal perfected for hearing | |
| 2015-01-15 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-01-15 | Respondent's book of authorities, (Book Form), joint with 35755, Completed on: 2015-01-15 | Her Majesty the Queen |
| 2015-01-15 | Respondent's factum, (Book Form), joint with 35755, Completed on: 2015-01-15, (Electronic version filed on 2015-01-21) | Her Majesty the Queen |
| 2014-11-14 | Certificate of counsel (attesting to record) | Private Alexandra Vezina |
| 2014-11-14 | Appellant's book of authorities, (Book Form), (JOINT with 35755) 4 volumes, Completed on: 2014-11-14 | Private Alexandra Vezina |
| 2014-11-14 | Appellant's record, (Book Form), Completed on: 2014-11-14 | Private Alexandra Vezina |
| 2014-11-14 | Appellant's factum, (Book Form), (JOINT with 35755) , Completed on: 2014-12-15, (Electronic version filed on 2014-11-18) | Private Alexandra Vezina |
| 2014-09-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-09-23 | Notice of constitutional question(s) | Private Alexandra Vezina |
| 2014-09-19 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2014-09-19 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions and extending the time to serve and file a reply to the motion to state constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Does para. 130(1)(a) of the National Defence Act, R.S.C. 1985, c. N-5, violate s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1.The motion for an extension of time to serve and file the reply to the motion to state constitutional questions is granted and the deadline to file the reply is extended to September 16, 2014; 2. The notice of constitutional question shall be served and filed on or before September 26, 2014; 3. Any notices of intervention respecting constitutional questions shall be served and filed on or before October 24, 2014; 4. The appellants’ record, factum and book of authorities shall be served and filed on or before November 14, 2014; 5. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before December 5, 2014; 6. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before December 12, 2014; 7. Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 16, 2014; 8. The respondent’s record, factum and book of authorities shall be served and filed on or before January 15, 2015; 9. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 29, 2015. Granted |
|
| 2014-09-19 | Submission of motion to state a constitutional question, CJ | |
| 2014-09-19 | Correspondence received from, Counsel for the Respondent, re.: will not file a response and takes no position. | Her Majesty the Queen |
| 2014-09-16 | Reply to the motion to state a constitutional question, (Letter Form), Motion to ext. time included, Completed on: 2014-09-18, (Electronic version filed on 2014-09-18) | Private Alexandra Vezina |
| 2014-09-04 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-09-04, (Electronic version filed on 2014-09-04) | Her Majesty the Queen |
| 2014-08-27 | Notice of appeal, (Letter Form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-28) | Private Alexandra Vezina |
| 2014-08-27 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-28) | Private Alexandra Vezina |
| 2014-07-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-07-28 | Judgment on leave sent to the parties | |
| 2014-07-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-564, 2014 CMAC 3, dated March 7, 2014, is granted on the issue related to s. 130(1) of the National Defence Act, without costs; however, it is dismissed on the issue related to the law of entrapment, without costs. Granted, without costs |
|
| 2014-06-23 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-06-13 | Applicant's reply to respondent's argument, Completed on: 2014-06-13 | Private Alexandra Vezina |
| 2014-06-04 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-06-04 | Respondent's response on the application for leave to appeal, Completed on: 2014-06-04 | Her Majesty the Queen |
| 2014-05-14 | Correspondence received from, (Letter Form), Counsel for the Applicant, Email dated May 14, 2014, re.: Applicant requests that this application and file no. 35755 be considered together by the same panel. | Private Alexandra Vezina |
| 2014-05-05 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-05-05 | |
| 2014-05-05 | Certificate (on limitations to public access) | Private Alexandra Vezina |
| 2014-05-05 | Application for leave to appeal, Completed on: 2014-05-05 | Private Alexandra Vezina |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Private Alexandra Vezina | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Private Alexandra Vezina
Counsel
Jean-Bruno Cloutier
Delano K. Fullerton
241, Boulevard Cité-des-Jeunes
Block 300, Asticou Centre
Gatineau, Quebec
J8Y 6L2
Telephone: (819) 934-3334
FAX: (819) 997-6322
Email: mark.letourneau@forces.gc.ca
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Bruce W. MacGregor
305 Rideau Street, 9th Floor
Ottawa, Ontario
K1A 0K2
Telephone: (613) 996-5723
FAX: (613) 995-1840
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter of Rights and Freedoms - Whether s. 130(1)(a) of the National Defence Act violates s. 7 and s. 11(f) of the Charter - Whether the military nexus doctrine applies to s. 130(1)(a) of the National Defence Act - Whether s. 130(1)(a) of the National Defence Act is constitutional.
The appellant was found guilty of four counts of trafficking contrary to s. 5(1) of the Controlled Drugs and Substances Act. After the finding of guilt, defence counsel brought an application for a stay of the proceedings on the basis that his client was entrapped into committing the offences by the military police. This was dismissed. She appealed to the Court Martial Appeal Court, raising an issue of the constitutionality of the s. 130(1)(a) of the National Defence Act. Her appeal was dismissed. She brought an application for leave to appeal from the judgment of the Court Martial Appeal Court on all issued, but it was granted only as to the issue related to s. 130(1) of the National Defence Act.
Lower court rulings
Standing Court Martial
201264, 2013 CM 3014
Applicant found guilty of service offences punishable under s. 130 of the National Defence Act for trafficking contrary to s. 5(1) of the Controlled Drugs and Substances Act
Court Martial Appeal Court of Canada
CMAC-564, 2014 CMAC 3
Appeal dismissed
Memorandums of argument on application for leave to appeal
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If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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