2022 QCCA 248, 2022 QCCA 248

Chemama c. Commissioner of Correctional Services of Canada 2022 QCCA 248 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005 357-130, 500-10-005444-136, 500-10-005556-145, 500-10-006208-167 ( 500-01-049364-109 , 500-01-048577-107) MINUTES OF HEARING DATE: February 14, 2022 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. MICHEL BEAUPRÉ, J.A. FRÉDÉRIC BACHAND, J.A.

APPLICANT ERICH CHEMAMA Unrepresented (by videoconference) RESPONDENTS COUNSEL COMMISSIONER OF CORRECTIONAL SERVICES OF CANADA DIRECTOR OF THE REGIONAL RECEPTION CENTER Mtre JOSHUA WILNER (by videoconference) ( Department of Justice Canada ) HER MAJESTY THE QUEEN Mtre MATHIEU LOCAS Mtre MARIE-ÈVE MAYER (by videoconference) ( Director of Criminal and Penal Prosecution Attorneys ) IMPLEADED PARTY COUNSEL AMICUS CURIAE Mtre PAUL SKOLNIK ( Paul Skolnik, Avocat ) Mtre JESSY BOURASSA HÉROUX Mtre TANYA MASSABNI DESCRIPTION: Application to order the respondents to conform to the judgment of the Quebec Court of Appeal dated July 14, 0221 and other reliefs, pursuant to Rule #33 of the Rules of the Court of Appeal in Criminal Matters and section 683(3) of the Criminal Code .

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 1:36 Commencement of the hearing. Identification of the parties. 1:36 Submissions by Mr. Chemama. 1:57 Submissions by Mtre Skolnik. 2:13 Submissions by Mtre Wilner. 2:15 Reply by Mr. Chemama. 2:21 Suspension of the hearing. 2:50 Resumption of the hearing. 2:50 By the Court: judgment – see page 3. Robert Osadchuck, Clerk JUDGMENT [ 1 ] The appellant Chemama filed an application to order the respondents to conform to the judgment of our Court, dated July 14, 2021, and other reliefs.

The applicant informs the Court that the judgment is now being appealed to the Supreme Court. [ 2 ] The Court is unanimously of the view that the application must fail. [ 3 ] The Court is convinced that it facilitated and allowed the appellant to access the tools needed to perfect his appeals. [ 4 ] The Court understands that the appellant is incarcerated and has been mostly self-represented through the years. It seems that he now benefits from the assistance of counsel, Mr. Hicks. These procedures, however, have been ongoing since 2016. [ 5 ] This Court is a Court of Appeal.

In the appellant’s cases, the Court went to great lengths to assist him. Detention will inevitably impose, at times, obstacles in achieving legal work such as filing an appeal brief. However, it is not for this Court to oversee the rules of a detention centre or to settle disputes on their application as a trial court could do. [ 6 ] Having said that, whether the appellant decides to file his own materials, the amicus curiae to the Court will file the necessary materials to decide the appeals. Thus, we invite all parties to focus on the

schedule set in the July 14, 2021, judgment. [ 7 ] The Court understands that the amicus did file, on January 31, 2022, the briefs for files 500-10-005556-145 and 500-10-006208- 167.

The next filing date, for both amicus and the appellant, for files 500-10-005357-130 (verdict) and 500-10-0005444-136 (sentence), is June 15, 2022. [ 8 ] If the appellant finds it more practical to file his argument for each file ( s. 36 of the Rules of the Court of Appeal of Quebec in Criminal Matters , SI/2018-96 ) in handwriting, as he has done in the past for other applications, the Court will grant him this possibility, with the understanding that the handwriting must be readable. Seeing past handwritten procedures, it should be.

FOR THESE REASONS, THE COURT: [ 9 ] DISMISSES the application; [ 10 ] GRANTS the appellant permission to file his arguments in handwriting. MARTIN VAUCLAIR, J.A.

MICHEL BEAUPRÉ, J.A. FRÉDÉRIC BACHAND, J.A.