HER MAJESTY THE QUEEN Appellant/Responding Party v. CORPORAL EULER, 2021 CMAC 9

Date: 20211117 Docket: CMAC-618 Citation: 2021 CMAC 9 Present: BELL C.J. BETWEEN:HER MAJESTY THE QUEENAppellant/Responding PartyandCORPORAL EULERRespondent/Moving Party Motion determined on the basis of written submissions filed by the Moving Party on the 20th day of October, 2021 and by the Responding Party on the 5th day of November, 2021. Order delivered at Ottawa, Ontario, on November 17, 2021. REASONS FOR ORDER BY: CHIEF JUSTICE BELL Date: 20211117 Docket: CMAC-618 Citation: 2021 CMAC 9 Present: BELL C.J.

BETWEEN:HER MAJESTY THE QUEENAppellant/Responding PartyandCORPORAL EULERRespondent/Moving Party REASONS FOR ORDER CHIEF JUSTICE BELL [1] By way of Notice of Motion brought pursuant to Rule 8(1) of the Court Martial Appeal Court Rules, SOR86/-959 (Rules), filed onOctober 20, 2021, Corporal P.J.M. Euler, the Moving Party, requests this Court quash the appeal on the basis that the Appellant has notshown a substantial ground of appeal in its Memorandum of Fact and Law. For the following reasons I dismiss the motion. [2] The power to quash an appeal should be exercised sparingly: Schmidt v.

Toronto Dominion Bank, (1995) (ONCA), 24 O.R. (3d) 1 (ONCA) at para. 6, 82 OAC 233; Christo v. Woon, 2017 ONSC 5127 at para. 22, 282 A.C.W.S. (3d) 617. [3] In their submissions, the parties present differing

interpretations of the Military Judge’s reasons. The Appellant contends that theMilitary Judge required corroboration of the complainant’s testimony. The Moving Party, Corporal P.J.M. Euler contends that theMilitary Judge did not require corroboration. Such differing

interpretations are more appropriately dealt with by way of a hearing on themerits, rather than by way of a motion to quash. [4] For the above reasons : IT IS ORDERED THAT the motion to quash the appeal is dismissed. “B. Richard Bell” Chief Justice COURT MARTIAL APPEAL COURT OF CANADA

COURT MARTIAL APPEAL COURT OF CANADA NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: CMAC-618 STYLE OF CAUSE: HER MAJESTY THE QUEEN v. CORPORAL EULER MOTION DETERMINED ON THE BASIS OF WRITTEN SUBMISSIONS, WITHOUT APPEARANCE OF THE PARTIES. REASONS FOR ORDER BY: CHIEF JUSTICE BELL DATED: november 17, 2021 IN WRITING : Maj Patrice Germain AppELLANT/RESPONDING PARTY LCol D. Bernsten Respondent/MOVING PARTY SOLICITORS OF RECORD : Canadian Military Prosecution Services Ottawa, Ontario AppELLANT/RESPONDING PARTY Defence Counsel Services Gatineau, Quebec Respondent/MOVING PARTY