2016 QCCA 112, 2016 QCCA 112

R. c. Duhamel 2016 QCCA 112 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006050-155 (505-01-109175-121) MINUTES OF THE HEARING DATE: January 15, 2016 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER ATTORNEY HER MAJESTY THE QUEEN Mtre Philippe Vallières-Roland (Directeur des poursuites criminelles et pénales) RESPONDENT ATTORNEY MICHAEL DUHAMEL Mtre Richard E. Shadley c.r., Ad. E. (Shadley Battista Costom s.e.n.c.) DESCRIPTION: Motion for leave to appeal against the sentence rendered on November 18, 2015 by the Honourable Judge Marco LaBrie of the Court of Quebec Motion for suspension of the sentence Clerk: Shirley Thomas Courtroom: RC-18

HEARING 9: 37 Following the hearing on January 13, 2016. Exchanges between the Judge and Mtre Vallières-Roland. 9 : 38 Exchanges between the Judge and Mtre Shadley. 9: 47 By the Judge: Judgment – see page 3. 9: 52 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] Pursuant to paragraph 676(1)(

d) Cr. C. . the Crown seeks leave to appeal from a judgment on sentence of the Court of Québec, District of Longueuil (the Honourable Judge Marco Labrie), rendered on November 18, 2015, following a guilty plea by Michael Duhamel in relation to two counts of drug trafficking. The judge imposed a conditional sentence of two years less a day upon Mr Duhamel, including 240 hours of community service, to be served concurrently. From the expiry of the conditional sentence, Mr Duhamel will be subject to a three-year probation order. [ 2 ] In addition to leave, the Crown asks that I order the suspension of the sentence pending the outcome of the appeal pursuant to paragraph 683(5)(

f) Cr. C . [ 3 ] After considering the representations by the parties, I am of the view that the motion raises questions that are sufficiently serious that it should be referred to a panel of this Court for consideration and, should the Court grant the motion, for disposition on the merits. [ 4 ] I note further that, in so deciding, I have jurisdiction to suspend the sentence pending the outcome of the appeal (paragraph 683(5)(

f) Cr. C .) In my view, it is in the interests of justice to suspend the sentence, subject to the conditions set forth below (subs. 683(5.1) Cr. C. ). [ 5 ] In the circumstances, the file should be fixed on the roll on the fast track, and the parties should prepare arguments treating both the motion for leave to appeal and the merits of the appeal proper. The parties have requested, given what they describe as the exceptionally complex character of the case, 20 pages each for their written arguments and 60 minutes each at the hearing. They have convinced me that the exceptional circumstances justify this request.

FOR THE FOREGOING REASONS , the undersigned: [ 6 ] REFERS the motion to the Court; [ 7 ] SUSPENDS the conditional sentence order until the appeal, or leave to appeal as the case may be, is determined, subject to Mr Duhamel undertaking to respect the following conditions: 8.1 Keep the peace, be of good behaviour, and attend court whenever required. 8.2 Provide $ 1000 cash deposit to ensure his presence at court. 8.3 Reside at […], Elgin Ontario.

8.4 Abstain from communicating in any manner with Hugo Leblanc. 8.5 Abstain from communicating or attempting to communicate in any manner with the co-accused, except in the presence of his attorney for the purpose of preparing the present case. 8.6 Formally abstain from: ▪ having in his possession or using drugs and others controlled substances, except on a validly obtained medical prescription. ▪ having any weapons in his possession.

If the accused has any weapons in his possession, they must be delivered to a designated police officer so that he can hand over all weapons in his possession. 8.7 Sign the recognizance within ten days of this judgment. [ 8 ] PLACES the case on the role of June 16, 2016 at 9:30am, to be pleaded without factums for a hearing of 120 minutes of duration; [ 9 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than March 9, 2016, five copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, a book of authorities and, if applicable, an argument no longer than 20 pages in length; [ 10 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than April 22, 2016, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 20 pages in length.

NICHOLAS KASIRER , J.A.