Marson c. R. 2022 QCCA 1664 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-700039-223 ( 500-01-216705-217 ) MINUTES OF HEARING WARNING : Order restricting publication: On October 25, 2022, the Court of Quebec (the Honourable Flavia K. Longo), District of Montreal, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way . DATE: December 6, 2022 THE HONOURABLE BENOÎT MOORE, J.A. APPLICANT COUNSEL Andrew Marson Mtre Joël Girard ( Schneider, Girard & Associé

s) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Marianna Ferraro ( Directeur des poursuites criminelles et pénales ) By videoconference DESCRIPTION: Motion for leave to appeal from a judgement rendered on October 25, 2022, by the Honourable Flavia K. Longo of the Court of Quebec, Criminal Division , District of Montreal . Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:30 Commencement of the hearing. Identification of counsel. 9:31 Preliminary remarks by the judge. Discussion between the judge and the parties.

9:32 BY THE JUDGE : Judgment – see page 3. Conclusion of the hearing Ariane Simard-Trudel, Clerk at the hearing JUDGMENT WARNING : Order restricting publication: On October 25, 2022, the Court of Quebec (the Honourable Flavia K. Longo), District of Montreal, made an order under s. 486.4 Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way . [ 1 ] On October 25, 2022, the appellant was convicted of one count of sexual assault under s. 271 (

a) of the Criminal Code . [ 2 ] The appellant seeks leave to appeal this judgment on questions of fact and law under s. 675(1) (a)(ii) of the Criminal Code . [ 3 ] Considering that the appellant has also filed a notice of appeal under s. 675(1) (a)(

i) of the Criminal Code , the respondent rightly suggests that leave be referred to the panel that will be seized of the matter on the merits. FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] REFERS the motion for leave to appeal under s. 675(1) (a)(ii) of the Criminal Code to the panel that will be seized of the matter on the merits. BENOÎT MOORE, J.A.