2017 QCCA 1898, 2017 QCCA 1898

Adlam c. R. 2017 QCCA 1898 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006138-166 (500-01-125565-157) MINUTES OF THE HEARING DATE: November 27, 2017 CORAM: THE HONOURABLE marie-france bich , J.A. nicholas kasirer , J.A. claude c. gagnon , J.A. APPELLANT JOHN ADLAM ABSENT RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre WILLIAM LEMAY (Criminal and Penal Prosecuting Attorney) DESCRIPTION : Appeal placed on a special roll pursuant to sections 79 and 97 of the Rules of the Court of Appeal in Criminal Matters Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault

HEARING 9:34 Commencement of the hearing. Mr. Adlam is absent although being duly called. 9:34 Representations by Mtre Lemay. 9:34 Recess. 9:38 Resumption of the hearing. 9:38 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Whereas, on March 18, 2016, the appellant was found guilty on one count of breaking and entering a dwelling-house (s. 348(1) ( b)(

d) Cr.C. ); [ 2 ] Whereas the appellant filed an appeal, as of right, on April 18, 2016; [ 3 ] Whereas his factum should have been filed on September 24, 2016; [ 4 ] Whereas the Court rendered the following judgment on April 3, 2017, in the presence of the appellant (via videoconferencing) [1] : [1] Given that Me Marie-Hélène Giroux ceased representing the appellant; [2] Given that the appellant has informed the Court that he will be proceeding with the appeal with or without a new lawyer; [3] Given that the appellant informs the Court that he shall be submitting a factum for his appeal on or before September 5, 2017; FOR THESE REASONS, THE COURT: [4] SETS the timeframe for the appellant to serve and file his factum to September 5, 2017; [ 5 ] ORDERS the appellant’s previous lawyer, Me Marie-Hélène Giroux, to return to the appellant at the Bordeaux prison, within seven (7) days, a copy of the records she may hold relating to his appeal; [ 6 ] ORDERS that a copy of this judgment be provided to Me Marie-Hélène Giroux by the Court registry. [5] Whereas the appellant did not file his factum on September 5, 2017, and that he has not filed it yet; [6] Whereas, his appeal was placed on a special roll to be heard on October 30, 2017, pursuant to ss. 79 and 97 of the Rules of the Court of Appeal of Quebec in criminal matters ; [ 7 ] Whereas notice of said hearing was sent to the appellant on September 25, 2017; [ 8 ] Whereas the appellant did not appear before the Court on October 30, 2017; [ 9 ] Whereas the Court then rendered the following judgment [2] : [1] In the circumstances, considering that the appellant has apparently not received notification of the present proceedings and considering that, in the past, he always appeared before the Court, in person or through counsel;

THE COURT: [2] PLACES the file on the special roll of November 27, 2017 in Pierre-Basile-Mignault courtroom, at 9:30 a.m. [ 10 ] Whereas the respondent attempted to find the appellant’s coordinates and advise him of said judgment, without success; [ 11 ] Whereas the Clerk of the Court also attempted to notify the appellant that his file was placed on the special roll of November 27, 2017 [3] , but that those efforts were unsuccessful; [ 12 ] Whereas the appellant was provided with an opportunity to be heard and has failed to do so and explain his situation; [ 13 ] Whereas the Court is informed by the respondent that the appellant has served his sentence; THE COURT: [ 14 ] DECLARES the appeal abandoned. marie-france bich, J.A. nicholas kasirer, J.A. claude c. gagnon, J.A.