2014 QCCA 916, 2014 QCCA 916

Takefman c. Director of Criminal and Penal Prosecutions 2014 QCCA 916 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005591-142 (500-36-006946-134) (500-36-006945-136) MINUTES OF THE HEARING DATE: May 6, 2014 THE HONOURABLE MR JUSTICE CLÉMENT GASCON, J.A. PETITIONER EARL TAKEFMAN In person RESPONDENT ATTORNEY THE DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS THE ATTORNEY GENERAL OF QUEBEC Mtre Joanne Marceau DIRECTEUR DES POURSUITES CRIMINELLES ET PÉNALES MOTION FOR LEAVE TO APPEAL (Articles 678, 839 Cr. C., 296 C.P.P. and 21 R.C.A.) Clerk : Asma Berrak Court Room: RC.18

HEARING 9:30: Beginning of the hearing. 9:30: Submission by Mtre Marceau. 9:32: Discussion between the judge and the parties. 9:33: Judgment - see page 3. 9:35: Conclusion of the hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] The Crown recognizes that, pursuant to subsection 784(1) of the Criminal Code , as the judgment rendered by Vauclair J. (as he then was) was on a motion for the issuance of a writ of certiorari , the petitioner has an appeal as of right of the judgment that dismissed his motion [1] . [ 2 ] The Crown also agrees that, in such a situation, it is proper to simply note that the motion for leave to appeal of the petitioner is filed in the record to avail as a valid and proper notice of appeal and treated as such from now on.

The file shall therefore continue its course accordingly, subject of course to the applicable rules of the Court. [ 3 ] FOR THESE REASONS , the motion for leave to appeal is simply declared as equivalent to a valid notice of appeal filed in the record of the Court. CLÉMENT GASCON, J.A.