Canadian soldier charged with feeding cannabis cupcakes to artillery unit during live-fire exercise

[Halifax Tar]

That is normally what should happen.....over my 32 years I've seen about 10 guys sign their release while actually serving their sentence.

Do most wish they had gone to club Ed ?

 

[Bruce Monkhouse]

I would wsger all serving civilian time. I spent the last half in a treatment jail and a disturbingly high number of those were for kiddie porn.

 

[lenaitch]

It is unlikely that she will go to the CFSPDB to serve her sentence. Generally, those being released are dealt with in accordance with the Notes to QR&O 104.04 and "will typically be transferred to a civilian prison or penitentiary as soon as practical within the first 30 days following the date of sentencing. The member will ordinarily be released from the Canadian Forces before such a transfer is effected". In the sentencing decision can be found the following:



Once Ms. Cogswell's (I used a civilian title) appeals have run their course, my expectation is she will be spending that 30 days at the New Brunswick Women's Correctional Centre.

That's the way I read the judgment. The Court refers to discussions with NB Corrections about counselling services.

 

[Kat Stevens]

Too bad. Military punishment for an offence against military personnel.

 

[KevinB]

It is unlikely that she will go to the CFSPDB to serve her sentence. Generally, those being released are dealt with in accordance with the Notes to QR&O 104.04 and "will typically be transferred to a civilian prison or penitentiary as soon as practical within the first 30 days following the date of sentencing. The member will ordinarily be released from the Canadian Forces before such a transfer is effected". In the sentencing decision can be found the following:



Once Ms. Cogswell's (I used a civilian title) appeals have run their course, my expectation is she will be spending that 30 days at the New Brunswick Women's Correctional Centre.

She's absolutely retarded if she appeals - The Prosecution was asking for a Year MIN, she doesn't have a leg to stand on, and the Federal Appeals Court might find the Trial Judge erred in the Sentencing...

 

[Jarnhamar]

Could someone file a lawsuit against the crown for allowing an employee to bring in home made food and sell/provide it through the canteen?

Could she be held liable for damages or something along those lines? Reading the impact statement it sounds like there's going to be VAC claims submitted.

 

[The Bread Guy]

No appeal for YOU!

Canadian soldier who served cannabis cupcakes to comrades loses appeal of case

A Canadian soldier convicted of serving cannabis-laced cupcakes to eight of her comrades during a live-fire training exercise in New Brunswick in 2018 has lost her appeal.

atlantic.ctvnews.ca

 

[Jarnhamar]

Has she even spent an hour inside a jail cell?

 

[dapaterson]

Appeal rejected by CMAC. Their reasons were released a few days ago. Of note, the appellant used civilian legal counsel for the appeal.

Kapoor Barristers | Toronto Criminal Defence Firm | Home

Kapoor Barristers is a law firm based in Toronto offering legal services in criminal and regulatory law.

www.kapoorbarristers.com

R. v. Cogswell - Court Martial Appeal Court

decisions.cmac-cacm.ca

 

[brihard]

Of note, the appellant used civilian legal counsel for the appeal.

Did she ever. Anil Kapoor really knows his shit in the federal realm. He’s friggin’ excellent. She picked very good and likely quite pricey counsel.

 

[rmc_wannabe]

I'm glad that the CMAC upheld both conviction and sentence. I wonder if she's going to push it up to the SCC....

 

[brihard]

I'm glad that the CMAC upheld both conviction and sentence. I wonder if she's going to push it up to the SCC....

She can try, but likely wouldn’t be given leave to have the case heard at that level. The CMAC decision was unanimous, so there’s not appeal as of right to the SCC. Absent some really compelling question of law, SCC would probably nope it.

 

[KevinB]

I don’t understand why the F she appealed. She was lucky with what she got initially.

 

[dapaterson]

From what I can see, the appeal appears to have been focused on technical, chain of custody of evidence grounds. If you can get the evidence tossed, the conviction goes as well.

 

[KevinB]

From what I can see, the appeal appears to have been focused on technical, chain of custody of evidence grounds. If you can get the evidence tossed, the conviction goes as well.

She's batshit crazy.
Her lawyer shouldn't have accepted payment in cupcakes - as anyone arguing chain of custody in the fact that more evidence wasn't able to be gathered due to the circumstances probably should not be practicing law.

If the MP's had lost cupcake wrappers, or if the chain of custody of the 1 obtained cupcake wrapper had been contaminated - then sure.
But arguing (effectively) that the MP's should have collected more cupcake wrappers, when it was several hours after the cupcakes had been eaten that the effects where identified - and longer for the common cause to be determined.

IMHO the CMAC should have up'd her sentence as the trial judge was too lenient...

 

[FJAG]

There are times, more frequently then many think, where a lawyer's evaluation of the case is not the same as the client's perception of it. All too often clients are subject to 'selective listening' to advice that comes from all over the place and will have convinced themselves of the rightness of their view of the world.

If the client is prepared to pay, many lawyers are prepared to throw a Hail, Mary pass. Sometimes you luck in.

 

[Retired AF Guy]

I don’t understand why the F she appealed. She was lucky with what she got initially.

Which was only reduction in rank, kicked out of the CF and 30 days in jail! Should have gotten a heck of lot more time in the Crowbar Hotel!

 

[Jarnhamar]

I wonder if she's just serving weekends .

 

[GR66]

I wonder if she's just serving weekends .

She was a Reservists. Tuesday nights and one weekend a month!

 

[OldSolduer]

Could someone file a lawsuit against the crown for allowing an employee to bring in home made food and sell/provide it through the canteen?

Could she be held liable for damages or something along those lines? Reading the impact statement it sounds like there's going to be VAC claims submitted.

I think this is a good point.

In the days prior to CADPAT and Tacvests and beards one of the soldiers got sick and puked in the field.

He claimed it was from a hamburger from the platoon canteen that made him sick.

Canteens were no longer allowed to sell products that had to be cooked on a stove.