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R. v. Ionson, [1989] 2 S.C.R. 1073


Appeal of [SIN omitted] Leading Seaman

William Kenneth Ionson             Appellant




Her Majesty The Queen               Respondent


Indexed as:  R. v. Ionson


File No.:  20363.


1989:  November 8.


Present:  Dickson C.J. and Lamer, La Forest, L'Heureux‑Dubé, Sopinka, Gonthier and Cory JJ.


on appeal from the court martial appeal court of canada


Courts ‑‑ Jurisdiction ‑‑ Martial Court ‑‑ Drug offences ‑‑ Serviceman found in possession of cocaine outside the base ‑‑ Serviceman off duty and in civilian dress at the time of the offence ‑‑ Whether military tribunal had jurisdiction to try the serviceman for possession of a narcotic ‑‑ National Defence Act, R.S.C. 1970, c. N‑4, s. 120 ‑‑ Narcotic Control Act, R.S.C. 1970, c. N‑1, s. 3(1).


APPEAL from a judgment of the Court Martial Appeal Court of Canada[1], dismissing appellant's appeal from his conviction on a charge of possession of a narcotic contrary to s. 3(1) of the Narcotic Control Act and s. 120 of the National Defence Act.  Appeal dismissed.


Jeremy G. Carr, for the appellant.


                                    Gerald H. McCracken, Q.C. and Peter A. Tinsley, for the respondent.


The judgment of the Court was delivered orally by


The Chief Justice ‑‑ This is an appeal as of right.  We are all of the view that the Court Martial Appeal Court of Canada did not err in the result.  The appeal is accordingly dismissed.


Judgment accordingly.


Solicitors for the appellant:  Salmond, Linge & Carr, Victoria.


Solicitor for the respondent:  John C. Tait, Ottawa.


     [1] C.M.A.C., No. 259, March 10, 1987.

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