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Case information

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38308

Her Majesty the Queen v. Corporal R.P. Beaudry

(Federal) (Criminal) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2019-07-31 Appeal closed
2019-07-29 Formal judgment sent to the registrar of the court of appeal and all parties
2019-07-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-07-26 General proceeding, (Letter Form),
Lock-up forms by:
Jean-Bruno Cloutier
Delano Fullerton 		Corporal R.P. Beaudry
2019-07-26 General proceeding, (Letter Form),
Undertaking forms by:
Delano Fullerton
Jean-Bruno Cloutier
 Corporal R.P. Beaudry
2019-07-26 General proceeding, (Letter Form),
Undertaking forms by:
Dylan Kerr
Bruce MacGregor 		Her Majesty the Queen
2019-07-26 General proceeding, (Letter Form), Counsel sign-in sheet. Her Majesty the Queen
2019-07-26 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row, The appeal from the judgment of the Court Martial Appeal Court of Canada, Number CMAC-588, 2018 CMAC 4, dated September 19, 2018, heard on March 26, 2019, is allowed. The order of the Court Martial Appeal Court of Canada declaring s. 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5, to be of no force or effect in its application to any civil offence for which the maximum sentence is imprisonment for five years or more is set aside, and the respondent’s conviction is restored. Karakatsanis and Rowe JJ. dissent in part.
Allowed
2019-06-19 General proceeding, (Letter Form),
Lockup form by:
Bruce MacGregor
Dylan Kerr
 Her Majesty the Queen
2019-06-18 General proceeding, (Letter Form),
Lockup form by:
Adam Goldenberg
 Advocates for the Rule of Law
2019-06-13 General proceeding, (Letter Form),
Lockup form by:
Jean-Bruno Cloutier
Mark Létourneau
 Corporal R.P. Beaudry
2019-06-12 Correspondence (sent by the Court) to, the parties. The Court will hold a lock-up in this file.
2019-05-29 Correspondence received from, (Letter Form), Adam Goldenberg. Comments on possible lockup. Advocates for the Rule of Law
2019-05-29 Correspondence received from, (Letter Form), Mark Létourneau. Comments on possible lockup. Corporal R.P. Beaudry
2019-05-28 Correspondence received from, (Letter Form), Bruce W. MacGregor. Comments on possible lockup. Her Majesty the Queen
2019-05-28 Correspondence (sent by the Court) to, the parties seeking their comments on a possible lock-up.
2019-04-03 Media lock-up requested or proposed, (joint with 37985)
2019-04-02 Transcript received, (108 pages) (joint with 37701)
2019-03-26 Judgment reserved OR rendered with reasons to follow
2019-03-26 Hearing of the appeal, 2019-03-26, CJ Abe Mo Ka Côt Br Row
Judgment reserved
2019-03-26 General proceeding, Joint with 37701. Case Sensitivity Questionnaire Corporal R.P. Beaudry
2019-03-26 General proceeding, Joint with 37701. Case Sensitivity Questionnaire Her Majesty the Queen
2019-03-26 Intervener's condensed book, (Book Form), Joint with 37701. Submitted in Court (14 copies) Advocates for the Rule of Law
2019-03-26 Respondent's condensed book, (Book Form), Joint with 37701. Submitted in Court (14 copies) Corporal R.P. Beaudry
2019-03-26 Appellant's condensed book, (Book Form), Joint with 37701. Submitted in Court (14 copies) Her Majesty the Queen
2019-03-15 Appeal perfected for hearing
2019-03-13 Notice of appearance, (Letter Form), Joint with 37701. Jean-Bruno Cloutier and Mark Létourneau will appear before the court, and both will be presenting oral arguments. Corporal R.P. Beaudry
2019-03-13 Correspondence received from, (Letter Form), Joint with 37701. 8 reserved seats requested.
 Corporal R.P. Beaudry
2019-03-12 Respondent's book of authorities, (Book Form), Joint with 37701. Reply Factum, Completed on: 2019-03-12 Corporal R.P. Beaudry
2019-03-12 Reply factum on appeal, (Book Form), Joint with 37701., Completed on: 2019-03-12 Corporal R.P. Beaudry
2019-03-12 Notice of appearance, (Letter Form), Joint with 37701. Bruce W. MacGregor, Dylan Kerr and Anthony M. Tamburro will appear before the court. Bruce W. MacGregor and Dylan Kerr will present oral arguments. Her Majesty the Queen
2019-03-12 Correspondence received from, (Letter Form), Joint with 37701. 12 reserved seats requested. Her Majesty the Queen
2019-03-11 Correspondence received from, (Letter Form), Joint with 37701. 2 reserved seats requested. Advocates for the Rule of Law
2019-03-11 Notice of appearance, (Letter Form), Joint with 37701. Adam Goldenberg, Peter Grbac and Asher Honickman will appear before the court. Mr. Goldenberg will present oral arguments. Advocates for the Rule of Law
2019-03-08 Intervener's book of authorities, (Book Form), Joint with 37701., Completed on: 2019-03-08 Advocates for the Rule of Law
2019-03-08 Intervener's factum, (Book Form), Joint with 37701., Completed on: 2019-03-08 Advocates for the Rule of Law
2019-02-08 Appellant's book of authorities, (Book Form), Joint with 37701, Completed on: 2019-02-08 Her Majesty the Queen
2019-02-08 Appellant's factum, (Book Form), Completed on: 2019-02-08 Her Majesty the Queen
2019-01-29 Order on motion for leave to intervene, by MARTIN J.
2019-01-29 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by Eugene R. Fidell and the Advocates for the Rule of Law for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene by the Advocates for the Rule of Law is granted and the said intervener shall be entitled to serve and file a single factum not exceeding ten (10) pages in these appeals on or before March 8, 2019.
The Advocates for the Rule of Law is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The motion for leave to intervene by Eugene R. Fidell is dismissed.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements resulting from its intervention.
Allowed in part
2019-01-29 Submission of motion for leave to intervene, Mar
2019-01-24 Transcript received, 35 pages
2019-01-21 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-21 Advocates for the Rule of Law
2019-01-18 Reply to the motion for leave to intervene, (Book Form), (join with 37701) Proof of service missing (received 2019-01-21)., Completed on: 2019-01-22 Eugene R. Fidell
2019-01-17 Response to the motion for leave to intervene, (Letter Form), (join with 37701), Completed on: 2019-01-17, (Printed version filed on 2019-01-18) Her Majesty the Queen
2019-01-17 Response to the motion for leave to intervene, (Letter Form), to Eugene R. Fidell. (join with 37701), Completed on: 2019-01-17 Corporal R.P. Beaudry
2019-01-17 Response to the motion for leave to intervene, (Letter Form), to Advocates for the Rule of Law. (join with 37701), Completed on: 2019-01-17 Corporal R.P. Beaudry
2019-01-14 Decision on miscellaneous motion, Ga Côt Br Row Mar,
The motion to stay the declaration of invalidity made in the judgment of the Court Martial Appeal Court of Canada, Number CMAC-588, 2018 CMAC 4, dated September 19, 2018, was heard on January 14, 2019, and the Court on that day delivered the following order orally:

GASCON J. — We are all of the view that the Crown’s motion to stay the declaration of invalidity in the Court Martial Appeal Court judgment of September 19, 2018, should be dismissed.

The applicable criteria set out in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, and RJR — MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, are not in dispute. The Crown has failed in our view to establish that the balance of convenience favours granting the stay sought.

The motion is therefore dismissed.
Dismissed
2019-01-14 Hearing of miscellaneous motion, 2019-01-14, Ga Côt Br Row Mar
Judgment rendered
2019-01-09 Correspondence received from, (Letter Form), 11 reserved seats requested Her Majesty the Queen
2019-01-07 Notice of name, (Letter Form), (join with 37701) Advocates for the Rule of Law
2019-01-07 Other book of authorities, (Book Form), (join with 37701), Completed on: 2019-01-07 Advocates for the Rule of Law
2019-01-07 Motion for leave to intervene, (Book Form), (join with 37701) , Completed on: 2019-01-28 Advocates for the Rule of Law
2019-01-04 Motion for leave to intervene, (Book Form), (join with 37701), Completed on: 2019-01-04, (Electronic version due on 2019-01-11) Eugene R. Fidell
2019-01-03 Notice of appearance, (Letter Form), Jean-Bruno Cloutier and Mark Létourneau will be present at the hearing. Mr. Létourneau will present oral arguments. Corporal R.P. Beaudry
2019-01-03 Notice of appearance, (Letter Form), Bruce W. MacGregor, Anthony M. Tamburro and R. Dylan Kerr will be present at the hearing. Mr. Tamburro will present oral arguments. Her Majesty the Queen
2018-12-17 Submission of miscellaneous motion, 2019-01-14, Ga Côt Br Row Mar
Judgment rendered
2018-12-14 Response to miscellaneous motion, (Book Form), to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5 (Filed pursuant to rule 52 further to the Chief Justice`s order dated November 13, 2018)., Completed on: 2018-12-14 Corporal R.P. Beaudry
2018-12-10 Notice of hearing sent to parties
2018-12-06 Notice of miscellaneous motion, (Book Form), to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5 (Filed pursuant to rule 52 further to the Chief Justice`s order dated November 13, 2018)., Completed on: 2018-12-06 Her Majesty the Queen
2018-12-06 Appeal hearing scheduled, 2019-01-14, Hearing of the motion to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5.
Judgment rendered
2018-12-06 Appeal hearing scheduled, 2019-03-26,
The schedule for serving and filing the material is set as follows:

The appellants in file 37701 and the respondent in file 38308 shall jointly file a record, a factum and, if any, a book of authorities on or before November 30, 2018.

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 January 7, 2019.

The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before January 17, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 24, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 8, 2019.

The respondents in file 37701 and the appellant in file 38308 shall jointly file a record, a factum and, if any, a book of authorities on or before February 12, 2019.

The appellants in file 37701 and the respondent in file 38308 shall jointly file a reply factum not to exceed forty (40) pages in length on or before March 12, 2019.
Judgment reserved
2018-11-30 Certificate of counsel (attesting to record), (Letter Form) Corporal R.P. Beaudry
2018-11-30 Respondent's record, (Book Form), Completed on: 2018-11-30 Corporal R.P. Beaudry
2018-11-30 Respondent's factum, (Book Form), Completed on: 2018-11-30 Corporal R.P. Beaudry
2018-11-26 Correspondence (sent by the Court) to, the parties. Tentative hearing date for the motion to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5.
2018-11-16 Correspondence (sent by the Court) to, all parties in 37701 and 38308. Schedule for the filing and service of documents on appeal.
2018-11-13 Correspondence received from, (Letter Form), Bruce MacGregor. Proposed schedule for the filing and service of appeal documents. Her Majesty the Queen
2018-11-13 Correspondence received from, (Letter Form), Bruce W. MacGregor. Request for direction with respect to filing deadlines. Her Majesty the Queen
2018-11-13 Order on miscellaneous motion, (by the CHIEF JUSTICE)
2018-11-13 Order on miscellaneous motion, (by the CHIEF JUSTICE)
2018-11-13 Decision on miscellaneous motion, CJ,
UPON APPLICATION by the appellant for an order to join this appeal with the appeal in Master Corporal C.J. Stillman, et al. v. Her Majesty the Queen, et al. (File 37701) and to abridge the time to permit both appeals to be heard together pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted on the following terms:
1)The order of Gascon J. dated April 11, 2018, is varied to allow the appellants in Master Corporal C.J. Stillman, et al. v. Her Majesty the Queen, et al. (File 37701) to file and serve their factum, record and book of authorities, if any, on or before November 30, 2018.
2)The Registrar is directed to set the two appeals for hearing together in the Winter 2019 session and to set a schedule for serving and filing the documents on appeal, including any reply factums, after consulting with the parties as necessary.
3)A copy of this order shall be placed in file no. 37701 and shall be provided to the parties in that appeal.
Granted
2018-11-13 Decision on miscellaneous motion, CJ, UPON APPLICATION by the appellant for an order to suspend the declaration of invalidity of paragraph 130(1)(a) of the National Defence Act, R.S.C., 1985, c. N-5, pursuant to Section 65.1 of the Supreme Court Act and Rule 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
An oral hearing is ordered to hear the appellant’s motion. The hearing date shall be fixed by the Registrar.
A copy of this order shall be placed in file no. 37701 and shall be provided to the parties in that appeal.
Oral hearing ordered
2018-11-13 Submission of miscellaneous motion, CJ
2018-10-31 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-10-02 Reply to miscellaneous motion, (Letter Form), to the motion to suspend., Completed on: 2018-10-02 Her Majesty the Queen
2018-10-02 Reply to miscellaneous motion, (Letter Form), to the motion to join. , Completed on: 2018-10-02 Her Majesty the Queen
2018-10-01 Response to miscellaneous motion, (Letter Form), to the motion to join. , Completed on: 2018-10-01 Corporal R.P. Beaudry
2018-09-28 Response to miscellaneous motion, (Book Form), to the motion to suspend. , Completed on: 2018-09-28 Corporal R.P. Beaudry
2018-09-27 Letter acknowledging receipt of a notice of appeal
2018-09-21 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2018-09-21 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2018-09-21 Notice of constitutional question(s), (Letter Form), Completed on: 2018-09-21 Her Majesty the Queen
2018-09-21 Notice of miscellaneous motion, (Letter Form), Motion to suspend the declaration of invalidity, Completed on: 2018-09-21 Her Majesty the Queen
2018-09-21 Notice of miscellaneous motion, (Letter Form), Motion to Join cases and abridge time, Completed on: 2018-09-21 Her Majesty the Queen
2018-09-21 Notice of appeal, Completed on: 2018-09-21 Her Majesty the Queen

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Corporal R.P. Beaudry Respondent Active

Other parties

Other parties
Name Role Status
Advocates for the Rule of Law Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Bruce MacGregor
Anthony M. Tamburro
R. Dylan Kerr
Director of Military Prosecutions
Major-General George R. Pearkes Building
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
Telephone: (613) 995-6321
FAX: (613) 995-1840
Email: bruce.macgregor@forces.gc.ca

Party: Corporal R.P. Beaudry

Counsel
Mark Létourneau
Jean-Bruno Cloutier
Defence Counsel Services
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

Party: Advocates for the Rule of Law

Counsel
Adam Goldenberg
Peter Grbac
Asher Honickman
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Summary

Keywords

Canadian Charter of Rights and Freedoms - Criminal law - Offences - Constitutional law - Military offences - Right to jury - Whether s. 130(1)(a) of National Defence Act, R.S.C. 1985, c. N-5, violates s. 11(f) of Canadian Charter of Rights and Freedoms.

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.

On July 14, 2016, the respondent Corporal Beaudry, a member of the Canadian Armed Forces, was convicted of sexual assault causing bodily harm (an offence under s. 272 of the Criminal Code) by a Standing Court Martial. Section 130 of the National Defence Act (NDA) provides that Criminal Code offences are service offences that can be tried in the military justice system. Before trial, Cpl. Beaudry had asked for a trial before judge and jury, but this was denied.

On appeal, Cpl. Beaudry argued that s. 130 violates his rights to a jury trial protected by s. 11(f) of the Charter. His appeal was allowed. The Court declared paragraph 130(1)(a) of the National Defence Act, R.S.C. 1985, c. N-5, to be of no force or effect in its application to any civil offence for which the maximum sentence is five years or more. Bell C.J., dissenting, would have upheld the constitutionality of the provision.

Lower court rulings

September 19, 2018
Court Martial Appeal Court of Canada

CMAC-588, 2018 CMAC 4

See file

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.

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Factums on appeal

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Date modified: 2025-02-27