2016 QCCA 2124, 2016 QCCA 2124

Francis c. R. 2016 QCCA 2124 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N os : 500-10-006314-163 et 500-10-006315-160 (500-01-122174-151) MINUTES OF THE HEARING DATE: December 16, 2016 THE HONOURABLE MARIE-FRANCE BICH, J.A.

PETITIONER COUNSEL LINA MARYANNE FRANCIS Mtre BENJAMIN WILNER ( Boro, Polnicky, Lighter ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ROBERT BENOIT Director of Criminal and Penal Prosecutions 500-10-006314-163 Motion seeking the extension of the delay to file a notice of appeal from conviction on questions of law (s. 678(2) of the Criminal Code ) 500-10-006315-160 Motion seeking leave to appeal the sentence rendered November 22, 2016, by the Honourable Madam Justice Marie-Josée Di Lallo, of the Court of Quebec, Criminal and Penal Division, District of Montreal, and suspension, in part, of such sentence (ss. 675(1)

b) and 683(5) of the Criminal Code ) Clerk: Marcelle Desmarais Courtroom: RC-18

HEARING 10 :35 Commencement of the hearing. Identification of counsel. Submissions by Mtre Robert Benoit, who consents to the motion to extend the delay to file a notice of appeal, all conditions therefor being fulfilled. Mtre Benjamin Milner undertakes to file with his factum complete transcripts of the evidence and the pleadings before the trial judge. 10 :37 Judgment on the motion for extension – see page 3. 10 :40 On the motion for leave to appeal the sentence and to obtain the suspension thereof, Mtre Milner specifies that he seeks the stay of the victim surcharge and the probation order only.

As far as the ancillary orders are concerned (taking of bodily substances and obligation to comply with the Sex Offender Registration Act ), Mtre Milner might present another motion to a bench of the Court. Mtre Benoit does not oppose the motion. 10 h 41 Judgment on the motion for leave to appeal the sentence and obtain a partial suspension thereof – see page 3. 10 h 42 End of the hearing.

Marcelle Desmarais Clerk BY THE JUDGE JUDGMENT Motion seeking the extension of the delay to file a notice of appeal from conviction on questions of law (file 500-10-006314-163): [ 1 ] Pursuant to subs. 678(2) Cr.C. , the petitioner seeks the extension of the time within which to file her notice of appeal against the judgment of the Honourable Marie-Josée Di Lallo, J.C.Q., of the Court of Quebec, Criminal and Penal Division, District of Montreal, who convicted her of one count of assault causing bodily harm (para. 267

b) Cr.C. ) and one count of sexual assault causing bodily harm (para. 272(1)

c) Cr.C. ). The judgment was rendered orally on October 19, 2016 and the petitioner received written reasons on November 22; she filed her motion 20 days later, having secured the services of a new lawyer. [ 2 ] The petitioner’s motion, which is not contested, satisfies the criteria for such an extension. [1] Considering however that some of the questions raised in the notice of appeal might be questions of fact or mixed questions of law and fact, the time-limit will be extended to December 22, 2016 in order to give the petitioner time to file a motion for leave to appeal.

FOR THE AFOREMENTIONED REASONS, THE UNDERSIGNED : [ 3 ] GRANTS the motion; [ 4 ] EXTENDS the time limit to file the notice of appeal and, if needed, a motion for leave to appeal to December 22, 2016, at 4:30 p.m. Motion seeking leave to appeal the sentence and to obtain the partial suspension thereof (file 500-10-006315-160) : [ 5 ] The petitioner seeks leave to appeal the sentence passed by the trial judge on November 22, 2016. Pursuant to s. 55 of the Rules of the Court of Appeal of Quebec in criminal matters , her motion shall be referred to the Court to be heard together with the appeal from

conviction (file 500-10-006314-163) and according to the same timetable. [ 6 ] The petitioner also seeks the following: ORDER a stay of execution of the petitioner-appellant’s sentence, including all orders relative to the Sex Offender Information Registration Act, pending the outcome of this appeal. [ 7 ] Counsel for the petitioner indicated at the hearing that he seeks only the stay of the victim surcharge and the probation order, pursuant to paras. 683(5)

d) and

e) Cr.C. [ 8 ] The motion is not contested.

FOR THE AFOREMENTIONED REASONS, THE UNDERSIGNED: [ 9 ] REFERS the motion for leave to appeal the sentence to the Court; [ 10 ] ORDERS that the appeal from conviction (file 500-10-006314-163) and the motion for leave to appeal the sentence (file 500-10- 006315-160) be heard at the same time, by the same bench of the Court; [ 11 ] ORDERS that the documents pertaining to the motion for leave to appeal the sentence, as provided for by s. 56 to 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters , be filed by the parties together with their factums in the appeal from conviction and according to the same schedule; [ 12 ] STAYS the obligation to pay the victim surcharge and the probation order until judgment of the Court on the appeal from conviction and motion for leave to appeal the sentence (files 500-10-006314-163 and 500-10-006315-160); [ 13 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format (to enable key-word search) and stored on a CD/DVD ROM or USB-key.

MARIE-FRANCE BICH , J.A.