Date: 20050928
Docket: CMAC-479
Citation: 2005 CMAC 4
CORAM: McFADYEN, J.A.
VEIT, J.A.
O'REILLY, J.A.
BETWEEN:
CPL M.A. ROSE
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
HEARD at Edmonton, Alberta on April 8th, 2005
SUPPLEMENTARY JUDGMENT delivered at Ottawa, Ontario on September 28, 2005
SUPPLEMENTARY REASONS FOR JUDGMENT BY: McFADYEN, J.A.
CONCURRED IN BY: VEIT, J.A.
O'REILLY, J.A.
Date: 20050928
Docket: CMAC-479
Citation: 2005 CMAC 4
CORAM: McFADYEN, J.A.
VEIT, J.A.
O'REILLY, J.A.
BETWEEN:
CPL M.A. ROSE
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
SUPPLEMENTARY REASONS FOR JUDGMENT
McFADYEN J.A.
[1] The appellant, having succeeded in his appeal against conviction, asks this Court to award costs.
[2] Under Rule 21(2) of the Court Martial Appeal Rules, the Court has discretion to award costs. Although the Rule gives the Court a broad discretion, the Court does not award costs routinely. Nothing in the conduct of this prosecution, nor in the complexity of the issues raised, takes this case out of the ordinary so as to persuade us to award costs.
[3] The application for costs is dismissed.
"Elizabeth McFadyen"
McFADYEN J.A.
I agree: " Joanne B. Veit"
VEIT J.A.
I agree: "James W. O'Reilly"
O'REILLY J.A.
COURT MARTIAL APPEAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: CMAC-476
STYLE OF CAUSE: CPL M.A. Rose v. Her Majesty the Queen
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: April 8, 2005
SUPPLEMENTARY REASONS
FOR JUDGMENT BY: McFAYDEN J.A.
CONCURRED IN BY: VEIT J.A.
O'REILLY J.A.
DATED: September 28, 2005
APPEARANCES BY:
Mr. Marvin Bloos, Q.C. For the Applicant
Major Rob Holman For the Respondent
SOLICITORS OF RECORD:
Mr. Marvin Bloos, Q.C. For the Applicant
Beresh DePoe Cunningham
300 - 10110 107th Street
Edmonton, Alberta T5J 1J4
Office of the Directorate of Military For the Respondent
Prosecutions
Ottawa, Ontario K1A 0K2