2013 QCCA 1382, 2013 QCCA 1382

Chemama c. R. 2013 QCCA 1382 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL No: 500-10-005070-121 & 500-10-005444-136 (500-01-049364-109) MINUTES OF THE HEARING DATE: August 7, 2013 THE HONOURABLE MR JUSTICE FRANÇOIS DOYON, J.A. PETITIONER ERICH CHEMAMA In person RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Matthew Ferguson DIRECTEUR DES POURSUITES CRIMINELLES ET PÉNALES NOTICE OF APPLICATION FOR A LEAVE TO APPEAL & NOTICE TO APPEAL AGAINST SENTENCE Clerk : Asma Berrak Courtroom : RC.18

HEARING 11 h 42: Beginning of the hearing. 11 h 42: Submission by M. Chemama. 11 h 44: Submission by Mtre Ferguson. 11 h 47: Discussion between the judge and the parties. 11 h 49: Judgment about the notice of application for leave to appeal and notice to appeal against sentence - see page 3. 11 h 53: Discussion between the judge and the parties about the notice to application. 11 h 56: Judgment about the notice to application - see page 3. 11 h 57: Conclusion of the hearing.

Asma Berrak Clerk JUDGMENT Judgment on the application for leave to appeal and notice to appeal against sentence [ 1 ] The application for leave is referred to a panel of three judges in accordance with Rule 55 of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 2 ] Considering that the parties agreed to plead the file without factums; [ 3 ] Considering Rules 56, 57, 58 and 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follows: 56(2). Timetable .

In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default . If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal. 57. Documents.

The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed. 58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented.

The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2). A judge may order that an argument be prepared when the issues raised by the appeal so warrant.

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] REFERS the motion for leave to appeal to the Court; [ 5 ] PLACES the case on the role of November 29, 2013 in room Antonio-Lamer, at 9:30, to be pleaded without factums for a hearing of 60 minutes of duration; [ 6 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than October 4, 2013, 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 10 pages in length; [ 7 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than November 1, 2013, four copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length. [ 8 ] ORDERS that a copy of this judgment be delivered by the Clerk to Me Santoro.

Motion under s. 680 Cr.C . [ 9 ] The motion is withdrawn by M. Chemama, who will file a fresh application for bail. FRANÇOIS DOYON, J.A.