2013 QCCA 1383, 2013 QCCA 1383

Iannuzzi c. R. 2013 QCCA 1383 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005309-123 ( 500-01-003495-071 ) MINUTES OF THE HEARING DATE: August 13, 2013 CORAM: THE HONOURABLE JACQUES A. LÉGER, J.A. JACQUES R. FOURNIER, J.A. MANON SAVARD, J.A. PETITIONER PASQUALE IANNUZZI In person RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Richard Audet Criminal and penal prosecuting attorney Amended motion for review of the judge's decision denying leave to appeal from a conviction (Section 675(4) Criminial Code )

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING Continuation of the hearing of August 9, 2013. Petitioner and Counsel for respondent are advised that judgment will be rendered on the minutes of the hearing and their presence is not required. Judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The applicant asks for the review of a decision rendered by Gascon J.A. on March 5, 2013, which dismissed his motion for leave to appeal after the expired time limit provided in subsection 678(2) Cr. C.

The consequence of Gascon, J.A.’s decision was that the applicant’s motion for leave to appeal from a conviction containing questions of fact and law under sub-paragraph 675(1)a)(ii) Cr. C. was also dismissed. [ 2 ] Subsection 675(4) Cr.C. does not allow the Court to hear an appeal from a judgment denying the extension of the deadline to appeal, unless the circumstances have significantly changed since the judgment. In this case, the motion fails to establish this exception [1] . [ 3 ] Moreover, even if the Court had jurisdiction according to subsection 675(4) Cr.

C., the applicant had to demonstrate that the motions judge committed an error of law and that the intended appeal had a reasonable chance of success. [2] [ 4 ] Having analyzed in detail the applicant's arguments, Gascon J.A. concluded at paragraph 28 of his judgment : Les moyens d'appel que le requérant tente d'étayer, que ce soit dans sa requête pour permission d'en appeler, dans son avis d'appel ou dans sa requête pour prolongation de délai d'appel, sont peu convaincants. Ils n'ont pas, à mes yeux, de chance raisonnable de succès.

Il n'y a pas lieu d'accueillir la requête dans ces circonstances. [ 5 ] At the hearing before the Court, the applicant presented the same arguments that had been previously rejected by Gascon J.A. We are of the opinion that Gascon J.A. properly applied the law and that the appeal has no reasonable chance of success. FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the amended motion for review of the judgment denying leave to appeal from a conviction. JACQUES A. LÉGER, J.A.

JACQUES R. FOURNIER, J.A. MANON SAVARD, J.A.