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R. v. Beaudry

2019 SCC 2 [2019] 1 SCR 95 Court SCC Decision date 2019-01-14 Heard 2019-01-14 Docket 38308 English

PartiesCorporal R.P. Beaudry Respondent

Counsel (2)
Solicitor for the applicant: Canadian Military Prosecution Service, Ottawa.
Solicitor for the respondent: Defence Counsel Services, Gatineau.

Judges Gascon, Clément; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah

Delivered by Gascon J. (Côté, Brown, Rowe and Martin JJ. concurring)

On appeal from Court Martial Appeal Court of Canada

Contents

Reasons for Judgment — Gascon J. (Côté, Brown, Rowe and Martin JJ. concurring)

Gascon J. — We are all of the view that the Crown’s motion to stay the declaration of invalidity in the Court Martial Appeal Court judgment of September 19, 2018, should be dismissed.
The applicable criteria set out in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, and RJR — MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, are not in dispute. The Crown has failed in our view to establish that the balance of convenience favours granting the stay sought.
The motion is therefore dismissed.

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