27 Apr 2023
Daniel Noonan v. Attorney General of Canada
- The case involves the interpretation of Article 108.17(1)(a) of the Queen's Regulations and Orders (QR&O) concerning the right to elect a court martial over a summary trial.
- Article 108.17 was repealed on June 20, 2022, after the decisions under review.
- Sgt. Daniel Noonan was charged with two offenses under section 129 of the National Defence Act (NDA) on Feb 11 and Feb 24, 2021, with inappropriate comments.
- Sgt. Noonan, with about 20 years of service, had his summary trial presided over by Major Ty Waldner, with Major Kalen Gourley as his Assisting Officer.
- Sgt. Noonan's request for court martial was denied, and he was fined $250 after being found guilty on October 4, 2021.
- Lt. Cmdr. William Strecker, with 18 years of service as a Legal Officer, was charged with offenses under section 129 of the NDA for comments made on November 1, 2021.
- Lt. Cmdr. Strecker's request for court martial was denied, and he was fined $900.
- Both Sgt. Noonan and Lt. Cmdr. Strecker's applications for judicial review argued the incorrect interpretation of QR&O.
- The court agreed that a single determinative answer was required for the interpretation of Article 108.17(1)(a) of the QR&O, applying the standard of reasonableness.
- The court found that decisions regarding both applicants were unreasonable and did not follow proper statutory interpretation.
- The judgment quashed the Code of Service Discipline proceedings against both applicants, both the finding of guilt and the punishment imposed.
- Each applicant was awarded costs fixed at $2,500.00.