2018 QCCA 753, 2018 QCCA 753

Kadder c. R. 2018 QCCA 753 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006666-182 (500-01-080482-125; 500-01-082798-122; 500-01-082797-124) MINUTES OF THE HEARING DATE: May 9, 2018 THE HONOURABLE NICOLE DUVAL HESLER, J.C.Q. PETITIONER COUNSEL AIDER ABDEL KADDER Mtre PIA ZAMBELLI RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre CHRISTIAN JARRY (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion to extend the time for appeal ( Article 678(2) of the Criminal Code ) Clerk: Quentin A. Desrosiers Courtroom: RC-18 HEARING

9:45 Commencement of the hearing. Identification of counsel. The hearing is adjourned. 9:48 The hearing is resumed 9:48 Exchanges between the Judge and Mtre Zambelli 9:49 Arguments by Mtre Jarry. 9:54 Me Zambelli orally submits modifications to her motion. 9:54 Arguments of Me Zambelli. 9:57 The hearing is adjourned 10:05 The hearing is resumed 10:06 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Quentin A. Desrosiers Clerk BY THE JUDGE JUDGMENT [ 1 ] Like my colleague Justice Morin in Gamboa v. R. ( 2009 QCCA 1404 ), I am compelled to apply sub-paragraph 675 (1) a) (iii) of the Criminal Code , the verdict in this case being the result of a guilty plea. Therefore, I do not have jurisdiction over this matter as judge alone: 675

(1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal (

a) against his conviction (iii) on any ground of appeal not mentioned in subparagraph (

i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or [ 2 ] For this reason, I defer the present Motion to Extend the Time for Appeal to the panel who will hear the Motion for Leave to Appeal to be filed shortly by the Attorney for the Petitioner, both Motions to be heard in room Pierre-Basile Migneault on June 4, 2018. NICOLE DUVAL HESLER , J.C.Q.