2019 QCCA 670, 2019 QCCA 670

Chemama c. R. 2019 QCCA 670 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL and REGISTRY OF QUEBEC No: 500-10-005070-121, 500-10-005312-127, 500-10-005314-123, 500-10-005313-125, 500-10- 005357-130, 500-10-005356-132, 500-10-005444-136, 500-10-005634-140, 500-10- 005555-147, 500-10-005556-145, 500-10-006208-167, 500-10-005453-137, 500-10- 005633-142, 500-10-006884-181, 500-10-006973-190, 200-10-003561-185 (500-01-048577-107 et al.) MINUTES OF THE HEARING DATE: April 8, 2019 CORAM: THE HONOURABLE yves-marie morissette , J.A. françois doyon , J.A. martin vauclair , J.A.

APPLICANT ERICH CHEMAMA IN PERSON RESPONDENTS COUNSEL ATTORNEY GENERAL OF CANADA COMMISIONER OF CORRECTIONAL SERVICES OF CANADA DIRECTOR OF THE REGIONAL RECEPTION CENTER Mtre STÉPHANE ARCELIN (Department of Justice Canada) ATTORNEY GENERAL OF QUEBEC Mtre JULIEN BERNARD (Bernard Roy)

HER MAJESTY THE QUEEN Mtre MARIANNA FERRARO (Criminal and Penal Prosecuting Attorney) AMICUS CURIAE Mtre PAUL SKOLNIK DESCRIPTION : A-3 Emergency supplemental Application to declare that Respondent Commissioner of Correctional Services of Canada has refused and failed to comply with the judgements of the Court of Appeal (dated February 20, 2019) (Section 33 of the Rules of the Court of Appeal in Criminal Matters ) A-3.1 Emergency Motion for appointment of counsel for the accused (dated February 27, 2019) ( Sections 684 and 672.24 (1) , (3) and (3) of the Criminal Code ) A-3.2 Additional supplementary Application to stay of proceedings for abuse of process (dated February 22, 2019) ( Sections 7 and 24(1) of the Canadian Charter of Rights and Freedoms ) A-3.3 Application under sections 24(1) and 52 of the Canadian Charter of Rights and Freedoms (dated February 22, 2019) A-3.4 Application under sections 24(1) and 52 of the Canadian Charter of Rights and Freedoms (dated February 22, 2019) A-3.5 Application to stay of proceedings for abuse of process (dated March 1 st , 2019) ( Sections 7 and 24(1) of the Canadian Charter of Rights and Freedoms ) A-3.6 Emergency supplemental Application to declare that Respondent Commissioner of Correctional Services of Canada has refused and failed to comply with the judgements of the Court of Appeal (dated March 1 st , 2019) (Section 33 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING

Joint hearing of the Application of the Amicus Curiae and the Applications of Mr. Chemama. Mr. Chemama is present by videoconference. Mtre Brodsky is present by teleconference. 2.12 Commencement of the hearing. Identification of counsel. 2:14 On the Motion under 684 Cr.C . 2:14 Representations by Mtre Arcelin. 2:16 Representations by Mtre Brodsky. 2:19 Representations by Mr.

Chemama. 2:24 Recess. 2:38 Resumption of the hearing. 2:38 By the Court: judgment. 2:39 On the Application of the Amicus Curiae to modify judgment of November 26, 2018. 2:39 Submissions by Mtre Skolnik 2:46 Mtre Skolnik asks for an extension of delay to file his brief until September 1 st , 2019. 2:57 Recess. 3:16 Resumption of the hearing. 3:16 Representations by Mtre Skolnik. 3:17 Submissions by Mtre Arcelin. 3:20 Counsel for the Respondent, in answer to question by the Court, asserts that the Respondent, the Commissioner of Correctional Services of Canada, is in position to ensure that compliance with the Orders of the Court will occur, regardless of where the incarceration takes place. 3:29 By the Court: judgment on the application of the amicus curiae and the applications of Mr.

Chemama. 3:32 Conclusion of the hearing. Robert Osadchuck Clerk BY THE COURT JUDGMENT Application for Appointment of counsel (A-3.1): [ 1 ] As regards the application under

section 684 of the Criminal Code , the appointment of counsel under the judgment pronounced by Mr. Justice Doyon on September 5, 2013 was conditional on Mr. Brodsky consenting to represent the applicant and agreeing that his fees be set in accordance with the Legal Aid Tariff. [ 2 ] As there is nothing in Mr.

Brodsky’s representations today that provide a basis for a reconsideration of that order, and as the record shows that subsection 684 (2) of the Criminal Code is not applicable in this case since, as was noted by Madam Justice Bélanger of this Court, in paragraph 15 of the judgment of November 23, 2018, the reason the applicant was denied Legal Aid is that he refused to make available to the Legal Aid Services the documentation in his possession and relevant to his appeal. [ 3 ] There is therefore no reason, at this stage, to deviate from that order contained in the said judgment of Justice Doyon of September 5, 2013.

FOR THESE REASONS, THE COURT: [ 4 ] DISMISSES the Application. Applications (A-3, A-3.2, A-3.3, A-3.4, A-3.5, A-3.6): [ 5 ] The Court is without jurisdiction to grant the relief sought. [ 6 ] Those applications are therefore DISMISSED .

yves-marie morissette, J.A. françois doyon, J.A. martin vauclair, J.A.