2019 QCCA 1712, 2019 QCCA 1712

Roberge c. R. 2019 QCCA 1712 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006956-195 , 500-10-006839-185 ( 505-01-127883-151 , 505-01-130337-153) MINUTES OF THE HEARING DATE: September 30, 2019 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. GENEVIÈVE COTNAM, J.A. LUCIE FOURNIER, J.A. APPLICANT COUNSEL SAMUEL ROBERGE Mtre JACQUELINE SANDERSON RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre VICKY-ANIK PILOTE ( Director of Criminal and Penal Prosecutions )

DESCRIPTION: Amended motion for permission to appeal a sentence rendered against the appellant on December 7, 2018 by the Honourable Justice Ann-Mary Beauchemin of the Court of Quebec, District of Longueuil (500-10-006956- 195) ( Sections 675

(1) b) and 687 (1) of the Criminal Code ) Motion for permission to adduce new evidence on appeal of a sentence (500-10-006956-195) ( Sections 683

(1) a) and 687 (1) of the Criminal Code ) Motion for permission to have hearing and other proceedings on appeal in English (500-10-006956-195, 500-10-006839-185) (

Section 530 of the Criminal Code and sections 7 , 14 and 20 of the Canadian Charter of Rights and Freedoms ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:16 Commencement of the hearing. Identification of counsel. 10:16 On the application for permission to have hearing and other proceedings on appeal in English and the Amended Application for permission to appeal a sentence: By the Court: see page 4. 10:18 By the Court : Concerning the request for an affidavit, there is no need for any party to produce an affidavit to plead in one of the official languages in Canada.

On the Motion for permission to adduce new evidence : 10:18 Submissions by Mtre Sanderson. 10:22 Intervention by Mtre Pilote. The first part of the motion is not contested. 10:23 Submissions by Mtre Sanderson 10:28 Intervention by Mtre Pilote. The second part of the motion is not contested.

Mtre Pilote does not oppose to the new evidence but she wants to complete the new evidence by the filing of all the “procès-verbaux informatisés” from April 28, 2015 to May 11, 2016. 10:30 Mtre Sanderson does not oppose to the filing of the documents. 10:37 Mtre Sanderson informs the Court that the minutes of the hearing of May 11, 2016 in the file 505-01-127883-151 is incorrect. It says on count 6, that Mr. Renaud Roberge- Raymond received “un an consécutif”.

But it’s count 9. 10 h 38 Admission by Mtre Pilote : « sur le mandat d’arrestation, concernant Renaud Roberge- Raymond, le chef de gangstérisme qui lui avait été imputé est bel et bien le chef 9, dans le dossier 505-01-127883-151 ». Consequently, the minutes of the hearing of May 11, 2016 should be modified. Robert Osadchuck, Clerk at the hearing

JUDGMENT On the Motion for Permission to Have Hearing and Other Proceedings on Appeal in English (500-10-006956-195, 500-10-006839- 185): [ 1 ] The Motion for permission to have hearing and other proceedings on appeal in English is unnecessary. All parties have the right to plead their cases in either of Canada’s official languages. [ 2 ] The motion is therefore without any object. On the Amended Motion for Permission to Appeal a Sentence ( 500-10-006956-195): [ 3 ] Considering that the proceedings should be undertaken without briefs, on the basis of the fast-track procedure, as provided for in

section 59 of the Rules of the Court of Appeal of Quebec in criminal Matters ( R.C.A.Q.C.M . ); [ 4 ] Considering sections 59 and 60 R.C.A.Q.C.M . , which provide as follows: 59. Fast-track. If a judge grants the motion for leave to appeal or refers it to the Court, the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure. Timetable . The judge shall establish a timetable for the filing, in five copies and after notification to the other party, of the documents that stand in lieu of the brief. […] Default.

If the documents are not filed before the expiration of the time limit established by the judge or the clerk, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. The clerk shall so inform the Chief Justice and the judges who are to hear the motion for leave or the appeal. 60. Documents that must be filed. The appellant shall file the following documents: a) (

a) the motion for leave to appeal and the judgment granting the motion or referring it to the Court, as the case may be; b) (

b) the indictment; c) (

c) the sentence, including the reasons and the conclusion; d) (

d) the depositions from the sentencing hearing and the exhibits, if any; e) (

e) any other relevant remarks of the trial judge and the parties made in the course of submissions as to the sentence; f) (

f) the questionnaire, available in the Office of the Court or on the Court’s website, duly completed. Respondent’s questionnaire . The respondent may also notify the duly completed questionnaire to the appellant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal. Written argument . The parties may attach to their documents arguments not exceeding 10 pages with at least one and one-half spaces between the lines, except for quotations, which shall be single-spaced and intended.

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10- point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm.

A judge may order that such arguments be prepared when the issues raised by the appeal so warrant. […] [ 5 ] Seeing the consent of the parties to proceed separately on the two appeals, the appeal on the verdict being based exclusively on Jordan ; THE COURT: [ 6 ] REFERS the motion to a different panel than the panel that will hear the appeal on the verdict; [ 7 ] DECLARES that the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure; [ 8 ] ORDERS the applicant, after notification to the respondent, to file with the Office of the Court, no later than February 11, 2020, fives copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and, if applicable, an argument of no more than 10 pages;

[ 9 ] ORDERS the respondent, after notification to the applicant, to file with the Office of the Court, no later than April 13, 2020, fives copies of an argument of no more than 10 pages; [ 10 ] REFERS the file to the Master of the Rolls to determine the date of a hearing of 90 minutes in duration; [ 11 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single- spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 12 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 13 ] ALLOWS the respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the applicant and file fives copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 14 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 15 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M .

On the Motion for Permission to Adduce New Evidence ( 500-10-006956-195): [ 16 ] GRANTS the motion; [ 17 ] AUTHORIZES into evidence as fresh evidence, in this appeal, a copy of the joint statement of facts agreed by the parties used at the sentencing hearing of Renaud Raymond-Roberge on May 11, 2016; [ 18 ] AUTHORIZES into evidence as fresh evidence, in this appeal, a copy of the minutes of the hearing of Renaud Raymond- Roberge on April 28, 2015 in which Renaud Raymond-Roberge pleaded guilty to possession of a firearm prior to the charges in the present file; [ 19 ] The parties agree to complete the evidence by the filing of all the entries in the docket from April 28, 2015 to May 11, 2016.

On the appeal of the verdict ( 500-10-006839-185): THE COURT: [ 20 ] EXTENDS the delay of the appellant to file his brief to October 16, 2019; [ 21 ] EXTENDS the delay of the respondent to file her brief to December 16, 2019. NICOLE DUVAL HESLER, C.J.Q. GENEVIÈVE COTNAM, J.A.

LUCIE FOURNIER, J.A.