Court Martial Appeal Court

Decision Information

R. v. MacLellan

Collection Court Martial Appeal Court
Date 2011-10-28
Report citation 7 CMAR 608
File numbers CMAC-546
Decision-makers Létourneau, Gilles; Dawson, Eleanor R.; Pelletier, J.D. Denis
See also See also - R. v. MacLellan - 2011 CMAC 5 - 2011-10-28

Decision Content

Court Martial Appeal Court of Canada

Cour d'appel de la cour martiale du Canada

Date: 20111028

Docket: CMAC-546

 

Ottawa, Ontario, October 28, 2011

 

CORAM: LÉTOURNEAU J.A.

PELLETIER J.A.

DAWSON J.A.

 

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

CAPTAIN (retired) J.C. MACLELLAN

Respondent

 

 

JUDGMENT

 

The appeal is allowed, the decision of the military judge permitting the respondent to re-elect trial by Standing Court Martial is set aside and, without prejudice to the Director of Military Prosecution's right to consent to a re-election for trial by a Standing Court Martial, it is ordered that the trial of the respondent resume before a General Court Martial in accordance with the Convening Order issued by the Court Martial Administrator on March 1, 2011.

 

It is also ordered that the style of cause of this judgment, the reasons in support thereof and any subsequent proceedings be amended to reflect the fact that the respondent has retired from the Armed Forces. His designation as respondent shall be as follows:

 

CAPTAIN (retired) J.C. MACLELLAN

 

 

 

"Gilles Létourneau"

J.A.

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