Case information
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35946
Sergeant Damien Arsenault 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-561, 2014 CACM 8, dated June 13, 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 | Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35755 & 35873 | Sergeant Damien Arsenault |
| 2015-05-12 |
Hearing of the appeal, 2015-05-12, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment reserved |
|
| 2015-05-06 | Supplemental document, Supplemental book of authorities (Volume 3), Completed on: 2015-05-06 | Sergeant Damien Arsenault |
| 2015-04-14 | Appeal perfected for hearing | |
| 2015-04-13 | Notice of appearance, Steven Richards and Bruce MacGregor will be present at the hearing. | Her Majesty the Queen |
| 2015-04-10 | Respondent's book of authorities, Completed on: 2015-04-10 | Her Majesty the Queen |
| 2015-04-10 | Respondent's factum, Completed on: 2015-04-10 | Her Majesty the Queen |
| 2015-03-18 | 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. | Sergeant Damien Arsenault |
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 |
Appeal hearing scheduled, 2015-05-12 Judgment reserved |
|
| 2015-03-02 | Appellant's book of authorities, (Book Form), 2 volumes, Completed on: 2015-03-02 | Sergeant Damien Arsenault |
| 2015-03-02 | Certificate of counsel (attesting to record) | Sergeant Damien Arsenault |
| 2015-03-02 | Appellant's record, (Book Form), Completed on: 2015-03-02 | Sergeant Damien Arsenault |
| 2015-03-02 | Appellant's factum, (Book Form), Completed on: 2015-03-02 | Sergeant Damien Arsenault |
| 2015-01-19 | Notice of constitutional question(s), All attorneys general served on January 19, 2015 | Sergeant Damien Arsenault |
| 2015-01-12 | Order on motion to state a constitutional question, (by the CHEF JUSTICE) | |
| 2015-01-12 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating 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 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? 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? 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? 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? 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. Granted |
|
| 2015-01-12 | Submission of motion to state a constitutional question, CJ | |
| 2014-12-17 | Response to the motion to state a constitutional question, Completed on: 2014-12-17, (Printed version filed on 2014-12-17) | Her Majesty the Queen |
| 2014-12-16 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-12-16 | Sergeant Damien Arsenault |
| 2014-12-16 | Notice of appeal, Completed on: 2014-12-16, (Electronic version filed on 2014-12-16) | Sergeant Damien Arsenault |
| 2014-12-15 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-12 | Judgment on leave sent to the parties | |
| 2014-12-11 |
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-561, 2014 CACM 8, dated June 13, 2014, is granted. The appeal is to be heard with the appeals Second Lieutenant Moriarity v. Her Majesty the Queen – and between – Private M.B.A. Hannah v. Her Majesty the Queen (35755) and Private Alexandra Vézina v. Her Majesty the Queen (35873). The schedule for serving and filing material will be set by the Registrar. Granted |
|
| 2014-11-24 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-10-17 | Applicant's reply to respondent's argument, Completed on: 2014-10-17 | Sergeant Damien Arsenault |
| 2014-10-10 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-10-10 | Respondent's response on the application for leave to appeal, Completed on: 2014-10-10 | Her Majesty the Queen |
| 2014-09-12 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-09-12 | |
| 2014-09-12 | Application for leave to appeal, Completed on: 2014-09-12 | Sergeant Damien Arsenault |
| 2014-06-16 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2014-06-16 | Certificate (on limitations to public access) | Sergeant Damien Arsenault |
| 2014-06-16 | Notice of application for leave to appeal, Completed on: 2014-06-16 | Sergeant Damien Arsenault |
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 |
|---|---|---|
| Sergeant Damien Arsenault | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Sergeant Damien Arsenault
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 - Military offences - Whether ss. 117(f) and 130(1)(a) of National Defence Act, R.S.C. 1985, c. N-5 (“NDA”), contrary to s. 7 of Canadian Charter of Rights and Freedoms.
Several charges were laid against the appellant, including one count under s. 130 of the NDA of committing fraud contrary to s. 380(1) of the Criminal Code, two counts under s. 117(f) of the NDA of committing acts of a fraudulent nature not particularly specified in ss. 73 to 128 of the NDA, and one count under s. 125(a) of the NDA of wilfully making a false statement in a document he had signed that was required for official purposes. The charges related to $30,725 he had been paid in separation expenses after being transferred from the base at Valcartier to the one at Gagetown, and to $3,469 he had been paid as a post living differential. He was, in particular, alleged to have made a number of false monthly statements regarding his marital status, and to the effect that he had dependants.
The appellant is challenging the constitutionality of ss. 117(f) and 130(1)(a) of the NDA on the ground that they are overbroad and therefore contrary to s. 7 of the Canadian Charter of Rights and Freedoms.
Lower court rulings
Court Martial Appeal Court of Canada
CMAC-561, 2014 CACM 8
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum by filing 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 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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