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Criminal law 2026 CMAC 4

R. v. Houde

The Court Martial Appeal Court dismissed the appeal, upholding convictions for sexual assault and rejecting language-rights, Jordan, consent, and evidence challenges.

  • Right to be tried within a reasonable time (jordan)
  • Bilingual trial and language rights
  • Consent and knowledge of non-consent in sexual assault
  • Private records regime (s.278.92)
  • Motive to fabricate
  • Admissibility of evidence
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Criminal law 2026 CMAC 3

R. v. Jacques

The Court Martial Appeal Court dismissed both the Crown’s appeal and the respondent’s cross-appeal, upholding a stay for unreasonable delay under section 11(b).

  • Delay and unreasonable trial length
  • Section 11(b) charter
  • Jordan framework
  • Stay of proceedings
  • Panel selection and tribunal independence
  • Mootness
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Military justice 2024 CMAC 7

R. v. Houde

The Court Martial Appeal Court refused an application to exceed the 30-page factum limit, finding the appellant had not shown why extra pages were necessary.

  • Page limits for factum
  • Extension of time
  • Memorandum of fact and law
  • Procedural onus
  • Appeal-procedure
  • Factum-page-limits
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Administrative law 2024 CF 26

Jacques c. Canada (Procureur général)

La Cour fédérale rejette une requête en prohibition provisoire dans le dossier Jacques, jugeant la demande prématurée et l’aide interlocutoire non justifiée.

  • Judicial review
  • Interlocutory relief
  • Recusal and reasonable apprehension of bias
  • Exhaustion of administrative remedies
  • Interim prohibition/injunction
  • Judicial-review
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Administrative law 2023 FC 461

Bélanger-Drapeau v. Canada (National Defence)

The Federal Court dismissed an Access to Information Act application, holding the Screening Document was protected by solicitor-client privilege and no waiver was shown.

  • Solicitor-client privilege
  • Waiver of privilege
  • Severability
  • Discretionary refusal
  • Pre-charge screening advice
  • Costs
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Criminal law 2023 CMAC 2

R. v. Vu

Crown appeal from acquittal in a military sexual assault case dismissed. The Court held the military judge made no legal error in assessing consent, capacity, and mens rea.

  • Consent
  • Capacity to consent
  • Intoxication
  • Evidence assessment
  • Mens rea
  • Video evidence
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Criminal law 2023 CMAC 1

R. v. Bruyère

The Court Martial Appeal Court dismissed the Crown’s sentence appeal in R. v. Bruyère, upholding a severe reprimand and $3,000 fine for assault-related offences.

  • Sentencing principles
  • Guilty plea
  • Sentencing range
  • Mitigating factors
  • Aggravating factors
  • Parity and uniformity
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Criminal law 2022 CMAC 9

R. v. Stewart

The Court Martial Appeal Court allowed the appeal, holding the military judge erred in refusing a Stage Two hearing on proposed s. 276 evidence of prior sexual activity.

  • Consent
  • Admissibility of prior sexual activity (s.276)
  • Voir dire/stage two admissibility hearing (s.278.94)
  • Relevance standard
  • Curative proviso/publication ban
  • Prior-sexual-activity-evidence
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Criminal law 2021 CMAC 10

R. v. Duquette

The Court allowed the appeal on charges 1 and 3, ordering a new trial because the military judge conflated inconsistent evidence. The conviction on charge 2 and the sentence were upheld.

  • Sexual assault
  • Sexual harassment
  • Harassment prevention (daod 5012-0)
  • Reasonable verdict/unreasonableness review
  • Sentencing
  • Sexual-assault
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Criminal law 2021 CMAC 3

R. v. Proulx; R. v. Cloutier

The Court Martial Appeal Court held that the CFOO and related NDA provisions did not violate section 11(d), allowed the Crown appeals, and ordered the trials to proceed.

  • Section 11(d) charter - independent and impartial tribunal
  • Code of service discipline
  • National defence act - organizational and disciplinary provisions
  • Apprehension of bias
  • Judicial independence
  • Organizational orders (cfoo)
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.