2023 QCCA 1272, 2023 QCCA 1272

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R. 2023 QCCA 1272 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-08-000573-230 ( 760-03-015226-221 ) MINUTES OF HEARING WARNING : Publication prohibited: The Youth Criminal Justice Act (“ YCJA ”) provides that, except as ordered or authorized by the court, no person shall publish the name of a child or young person, or any other information related to a child or young person, if it would identify the child or young person as a child or young person dealt with under the YCJA or as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person (ss. 110(1) and 111(1) YCJA ).

Every person who contravenes these provisions is liable to criminal prosecution (s. 138 YCJA ). DATE: September 29, 2023 THE HONOURABLE LORI RENÉE WEITZMAN, J.A. APPLICANT COUNSEL X Mtre Robert Bellefeuille ( Étude Légale ) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Mario Giroux ( Directeur des poursuites criminelles et pénales ) By videoconference DESCRIPTION: Motion to extend the time for appeal. ( Article 678 (2) Cr.C .) Motion to suspend the sentence. ( Article 683 (5)

e) Cr.

C) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING

9:34 Commencement of the hearing. Identification of counsel. Discussion between the judge and the counsel, the motion to extend the delay of appeal is not contested. BY THE JUDGE : Judgement on the Motion to extend the time for appeal – see page 3. 9:35 Discussion between the judge and Mtre Bellefeuille. 9:36 Discussion between the judge and Mtre Giroux regarding the no contact order. 9:37 Discussion between the judge and Mtre Bellefeuille regarding the conditions of release in first instance and answer. 9:39 BY THE JUDGE : Judgement on the Motion to suspend the sentence – see page 3. Conclusion of the hearing.

Ariane Simard-Trudel, Clerk at the hearing JUDGMENT WARNING : Publication prohibited: The Youth Criminal Justice Act (“ YCJA ”) provides that, except as ordered or authorized by the court, no person shall publish the name of a child or young person, or any other information related to a child or young person, if it would identify the child or young person as a child or young person dealt with under the YCJA or as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person (ss. 110(1) and 111(1) YCJA ).

Every person who contravenes these provisions is liable to criminal prosecution (s. 138 YCJA ). [ 1 ] The applicant seeks leave to extend the time to appeal, explaining the reasons for the delay, which motion is not contested. [ 2 ] In the event that the motion to extend the delay is granted, the applicant requests that the sentence imposed be suspended, which motion is similarly not contested.

FOR THESE REASONS, THE UNDERSIGNED: On the motion to extend the time of appeal: [ 3 ] GRANTS the motion to extend the time for appeal; [ 4 ] EXTENDS the delay to appeal the judgement rendered on June 26, 2023 by Justice Béatrice Clément of the Court of Québec; [ 5 ] ALLOWS the filing of the notice of appeal and TAKES cognizance that the Notice has been filed in the Court’s record.

On the motion to suspend the sentence: [ 6 ] GRANTS the motion to suspend the sentence; [ 7 ] ORDERS the suspension of the sentence rendered on June 26, 2023, by Justice Béatrice Clément of the Court of Québec, pending a final decision of the Court on the appeal, on the following conditions: 1. Abstain from being within 200 meters the residence, place of work or school attended by Y; 2.

Abstain from communicating in any manner with Y, directly or indirectly, or via any social media platforms. [ 8 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to Monday, October 2nd, 16:30.

LORI RENÉE WEITZMAN, J.A.