HER MAJESTY THE QUEEN Appellant v. LIEUTENANT J.C. BANTING, 2019 CMAC 5

Date: 20191106 Docket: CMAC-598 Citation: 2019 CMAC 5 CORAM: CHIEF JUSTICE BELL MOSLEY J.A. SCANLAN J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and LIEUTENANT J.C. BANTING Respondent Heard at Ottawa, Ontario, on October 28, 2019. Judgment delivered from the Bench at Ottawa, Ontario, on October 28, 2019 and edited for syntax and grammar with added reference to the relevant case law. Date: 20191106 Docket: CMAC-598 Citation: 2019 CMAC 5 CORAM: CHIEF JUSTICE BELL MOSLEY J.A. SCANLAN J.A. BETWEEN: HER MAJESTY THE QUEEN Appellant and LIEUTENANT J.C.

BANTING Respondent REASONS FOR JUDGMENT [ 1 ] The panel is unanimous that this appeal should be dismissed. In R. v. Banting , 2019 CM 2009 , Military Judge Sukstorf correctly applied the law as it relates to the failure to establish a prima facie case. We share her view there was no evidence presented at the trial upon which a reasonable panel of a General Court Martial, properly instructed, could return a guilty verdict. [ 2 ] We dismiss the appeal. “B. Richard Bell” Chief Justice “Richard G. Mosley” J.A.

“ J.E. Scanlan” J.A. COURT MARTIAL APPEAL COURT OF CANADA NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: CMAC-598 STYLE OF CAUSE: HER MAJESTY THE QUEEN v. LIEUTENANT J.C. BANTING PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 28, 2019 REASONS FOR JUDGMENT BY: THE COURT DATED: NOVEMBER 6, 2019 APPEARANCES : Lieutenant-Colonel Dominic Martin, Major Stephan Poitras For The Appellant Mr. Joshua M. Juneau For The Respondent SOLICITORS OF RECORD : Military Prosecution Service Ottawa, Ontario For The Appellant Michel Drapeau Law Office Ottawa, Ontario For The Respondent