An army gunner sentenced to jail after feeding marijuana-laced cupcakes to troops during a live fire artillery exercise has lost her final appeal. It was the first case of its kind since Parliament legalized cannabis, noted the Court Martial Appeal Court..“There were no similar cases,” wrote Justice Edward Scanlan. The 2018 incident “had a direct impact on the entire operations involving 150 Canadian Armed Forces members,” he added..According to Blacklock's Reporter, the Appeal Court upheld a 30 day jail sentence and dishonourable discharge for Gunner Chelsea Cogswell of Canadian Armed Forces Base Gagetown, N.B..Evidence showed Cogswell was working at a canteen during an artillery exercise and handed out homemade cupcakes as a mid-morning snack..“They were laced with cannabis,” said the Court. “The cupcakes were chocolate, approximately two inches by two inches in size, with chocolate icing and a jellybean on top. Each cupcake was in a wrapper.”.“One of the members had a near collision as he drove heavy equipment after eating a cupcake,” wrote Justice Scanlan. “Both detachments were headed to a live fire exercise using extremely dangerous equipment.”.“The canteen moved to different areas on the training grounds in order to support the various troop activities,” said the Court. Cogswell’s duties that day “included selling snacks and food to the two detachments whose members unwittingly became intoxicated by cannabis during the live fire exercise.”.“Artillery is designed as an instrument of death and destruction,” wrote Scanlan. “The degree of their intoxication was reflected in some of their behaviour. They were in no condition to be firing high-powered artillery.”.Five soldiers tested positive for marijuana. Artillery crew members said they “felt very foggy, lethargic, incoherent and slow” during the exercise..“When the two detachments met at the gun line they began comparing their symptoms and came to the conclusion they were all feeling unusual and had similar symptoms,” wrote Justice Scanlan. “Some members began to suspect they were high and upon further discussion they identified the common source of their symptoms as the cupcakes.”.One cupcake wrapper was turned over to Military Police. Testing at a Department of Health lab confirmed traces of cannabis..Cogswell denied the charges at trial. No motive was given. Cogswell was accused of disgraceful conduct and other offences under the National Defence Act..“Part of the military ethos is built on trust in fellow soldiers knowing they have your back and you have theirs,” wrote the Court Martial Appeal Court. “That trust is severely undermined when a soldier actively does something which they know, or should know, endangers colleagues.”
