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The Federal Court dismissed the MPCC’s judicial review applications, holding OPS conduct-complaint investigations are not policing duties or functions and disclosure was not compelled for the public interest investigation.
The Commission reasonably concluded, on the record and applying Amselem, that the appellant’s beliefs were not religious or connected to a spiritual faith and that there was no link between the conduct complained of and a prohibited ground; the Federal Court reasonably deferred to that decision and the appeal is dismissed.
Source excerpt
Contrôle judiciaire d’un grief militaire rejeté : le demandeur n’a pas établi le caractère déraisonnable de la décision de l’ADI, et les dommages-intérêts ne sont pas disponibles.
The Court Martial Appeal Court held that courts martial cannot impose Criminal Code driving prohibitions absent authority in the NDA, and dismissed the Crown’s sentence appeal.
The Federal Court granted judicial review, finding the Final Authority’s brief grievance decision unreasonable because it failed to meaningfully address the applicant’s detailed submissions.
The Court Martial Appeal Court granted Simon Cadieux’s motion to extend time and file a late notice of appeal, finding the prior abandonment was overcome by later legal developments.
The Federal Court found the judicial review moot after the Crown conceded the Final Authority decision was unreasonable and agreed to remit the grievance for redetermination.
The court held that military police do not owe a private law duty of care to the appellants because the duties of police are owed to the public as a whole, the appellants failed to establish the required proximity or to bring themselves within the narrow Jane Doe duty-to-warn exception, they did not properly plead systemic issues that would alter the analysis, and therefore the Federal Court correctly granted summary judgment under Rule 215 for the respondent.
Source excerpt
Contrôle judiciaire accueilli pour atteinte à l’équité procédurale; la décision de grief est annulée et renvoyée à un nouveau décideur. Dépens de 500 $ accordés au défendeur.
The Court Martial Appeal Court dismissed Doug Allison’s appeal, holding that military jurisdiction and prosecution for impaired driving abroad were lawful and did not violate s. 7.
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