William STRECKER v. ATTORNEY GENERAL OF CANADA
STRECKER, William
Law Firm / Organization
Independent
Lawyer(s)

Rory Fowler

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 - Article 108.17 was repealed on June 20, 2022, after the decisions under review.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.
Federal Court
T-1953-22
Administrative law
$ 2,500
Applicant
23 September 2022