On 17 September 2014, a notice of appeal was filed in the case of R vs Warrant Officer JGA Gagnon concerning the not-guilty verdict handed down on 22 August 2014 by the General Court Martial. This General Court Martial had been convened in order to try WO Gagnon on the charge of sexual assault filed under Section 130 of the National Defence Act, in violation of Section 271 of the Criminal Code of Canada. The prosecution argues in its notice of appeal that the military judge had erred in submitting the defence of “honest but mistaken belief in consent” for decision by the Committee. The notice of appeal was filed with the Court Martial Appeal Court, as the civil court has jurisdiction to hear appeals of court martial decisions (http://www.cmac-cacm.ca/index-eng.shtml ).
Under the Director of Military Prosecutions Policy Directive, the prosecution may appeal a court martial decision in cases where there is a substantial likelihood that the request will be accepted and where the appeal is in the public interest. ( http://www.forces.gc.ca/en/about-policies-standards-legal/appeals.page ).
WO André Gagnon’s trial by General Court Martial began on 11 August 2014 at the St-Malo Armoury in Québec City, Québec, and ended on 22 August 2014 with the Committee rendering a verdict of not guilty.
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For further information on the Court Martial Appeal Court and the Court’s schedule, visit the Internet site.
For information on the Canadian Military Justice System, consult the Website of the Judge Advocate General and the following links: The Canadian Military Justice System and The Independence of the Military Justice System.
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