Pursuant to subsection 245(2) of the National Defence Act [NDA] in Her Majesty the Queen vs Ordinary Seaman W.K. Cawthorne an appeal was filed in the Supreme Court of Canada by counsel, as instructed by the Minister National Defence, against a decision of the Court Martial Appeal Court of Canada .
More recently, counsel for LS Cawthorne moved the Court to both Squash the Notice of Appeal and Dismiss the Appeal per se.
In his Preliminary Motion, Counsel for LS Cawthorne submits that subsection 245(2) of the NDA is unconstitutional since it violates section 7 of the Charter of Rights and Freedoms in that it confers a right of appeal on a prosecutor is not independent; the Minister being a political figure subject to collective ministerial responsibility.
A copy of A Motion to Quash Factum available here