2021 QCCA 1729, 2021 QCCA 1729

Greenwood c. R. 2021 QCCA 1729 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006612-186 ( 500-01-072687-129 , SEQ. 003) MINUTES OF HEARING DATE: November 11, 2021 CORAM: THE HONOURABLE MANON SAVARD, C.J.Q. YVES-MARIE MORISSETTE, J.A. MARK SCHRAGER, J.A.

APPELLANT COUNSEL Leslie Douglas Greenwood Mtre ANNIK MAGRI By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre LAURENT-ALEXANDRE DUCLOS- BÉLANGER (Director of Criminal and Penal Prosecutions) By videoconference DESCRIPTION: Appeal placed on the special roll pursuant to sections 79 and 97 of the Rules of the Court of Appeal in Criminal Matters . Clerk at the hearing : Annie Lapierre Courtroom: Pierre-Basile-Mignault HEARING 9:20 Commencement of the hearing. Identification of counsel. 9:22 Submissions by Mtre Magri. 9:24 Discussion between the Court and Mtre Magri.

Mtre Magri resumes her submissions. 9:28 Discussion between the Court and Mtre Magri. Mtre Magri resumes her submissions.

9:31 Discussion between the Court and Mtre Magri. 9:34 Submissions by Mtre Duclos-Bélanger. 9:35 Question by the Court and response by Mtre Duclos-Bélanger. Recess of the hearing. 9:40 Resumption of the hearing. 9:41 BY THE COURT : Judgment – see page 3. Conclusion of the hearing. Annie Lapierre, Clerk at the hearing JUDGMENT [ 1 ] The appeal from the appellant’s conviction was initiated on January 9, 2018. Counsel currently representing him filed her representation statement on May 7, 2019. In March 2020, she informed the Court that she would be receiving the trial transcript no later than mid-April.

She therefore considered that she would be able to file her brief at the end of August. In September 2020, she informed the Court that she had the entire transcript in her possession, but, due to professional constraints, she asked for an extension of the deadline for filing her brief until February 1, 2021. The Court granted her the requested extension.

She nevertheless failed to file her brief on the agreed upon date and sought a new extension until June 30, 2021, again based on professional commitments that prevented her from finishing her brief. [ 2 ] On July 5, 2021, counsel for the appellant had still not filed her brief. This was the seventh time the matter had been inscribed on the special roll. At that time, she stated that she would be able to file her brief by the end of October 2021.

In view of the position then expressed by the respondent, the Court agreed to give her one last chance and granted her nearly four additional months, while expressly stating that, failing the filing of the brief, the appeal should in principle be declared abandoned. [ 3 ] Counsel for the appellant nevertheless still failed to file her brief. She once again relied on professional commitments to justify her failure and asked to be authorized to file the brief in February 2022. When queried by the Court, she stated that she had barely begun to draft her brief.

As for the respondent, it asked the Court to declare the appeal abandoned, given that past experience showed that counsel for the appellant is unable to abide by her undertakings or respect deadlines. [ 4 ] The Court refuses to grant this request for an extension. [ 5 ] It will soon be three years since the notice of appeal was filed. Counsel for the appellant has already been granted several extensions for filing her brief. She has failed to do so, notwithstanding the final opportunity given to her on July 5, 2021.

Nothing, or nearly nothing, has been done since that date and there is nothing to suggest that granting an additional extension would allow this case to move forward. Counsel for the appellant was duly advised of the consequences of her default. [ 6 ] It seems clear to us, in the circumstances of this case, that the appeal is not proceeding as it should and that, given the significant length of time already elapsed, the appeal should now be declared abandoned in accordance with s. 75 of the Rules of the Court of Appeal of Quebec in Criminal Matters .

FOR THESE REASONS, THE COURT: [ 7 ] DECLARES the appeal abandoned. MANON SAVARD, C.J.Q. YVES-MARIE MORISSETTE, J.A.

MARK SCHRAGER, J.A.