BACKGROUND
The
two Respondents (Gagnon and Thibeault) were members of the Canadian Armed Forces (CAF) charged with
sexual assault in two separate cases. They were successful at trial. For Thibeault: see: Standing Court Martial 2015 CM 1001.
The Crown appealed the
verdicts. However, the Respondents brought motions to quash and dismiss the appeals on
the basis that s. 230.1 of the National Defence Act is inconsistent with the
constitutional requirement of prosecutorial independence.
In R.
v. Gagnon 2015 CMAC 2, the Court Martial Appeal Court
(CMAC) held that s. 230.1 is invalid. The declaration of
invalidity was suspended for a six-month period ending on June 21, 2016. The
respondents’ motions were dismissed, however, and the hearing of the appeals on
the merits was adjourned to a date to be determined after the expiry of the
period during which the effect of the declaration of invalidity was
suspended.
On February 9, 2016 Her
Majesty the Queen appealed that decision to the Supreme Court of Canada. On March 24, 2016 the Supreme Court granted leave to appeal the CMAC decision.
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