Friday, August 7, 2015

Constitutionality of minister's right of appeal challenged in Supreme Court of Canada

Supreme Court of Canada
Pursuant to subsection 245(2) of the National Defence Act an appeal was filed by the Minister of National Defence in the Supreme Court of Canada in Her Majesty the Queen vs Ordinary Seaman [LS] W.K. Cawthorne  [See SCC Docket]  against a decision of the Court Martial Appeal Court of Canada.

In June 2015 counsel for LS Cawthorne moved the Court to both squash the Notice of Appeal and dismiss the appeal per se.

In his preliminary Motion, counsel for LS Cawthorne submits that subsection 245(2) is unconstitutional since it violates section 7 of the Charter of Rights and Freedoms in that it confers the right of appeal on a prosecutor who is not independent; namely, the Minister is a political figure subject to collective ministerial responsibility.

Motion To Quash the Notice of Appeal of the Minister of National Defence

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