2017 QCCA 443, 2017 QCCA 443

LSJPA — 176 2017 QCCA 443 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-08-000509-176 (525-03-062038-161) (525-03-062366-166) (525-03-062367-167) MINUTES OF THE HEARING DATE: March 22, 2017 THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. PETITIONER COUNSEL X Mtre ANDREW BARBACKI RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Mélanie Rose M tre YANICK MASSICOTTE-FALARDEAU (Directeur des poursuites criminelles et pénales) DESCRIPTION: Application for direction for review of a decision of a judge of the Court of Quebec, youth division, ordering the detention of the petitioner pending trial (section 680 Cr.C .) Clerk: Philippe Dupont Courtroom: Louis-H.-Lafontaine

HEARING 10:09 Commencement of the hearing.

Identification of counsel. 10:10 Mtre Massicotte-Falardeau asks the Chief Justice if the family of the victim can be present in the room for the hearing. 10:11 BY THE CHIEF JUSTICE: The family of the victim can attend the hearing. 10:12 Exchange between the Chief Justice and counsel. 10:13 Mtre Massicotte-Falardeau does not contest the question of jurisdiction. 10:14 Submissions by Mtre Barbacki. 10:45 Submissions by Mtre Massicotte-Falardeau. 11:10 Exchange between the Chief Justice and counsel. 11:17 Recess of the hearing. 11:40 Resumption of the hearing. 11:41 Exchange between the Chief Justice and counsel. 11:48 BY THE CHIEF JUSTICE : Judgment – see page 3.

Conclusion of the hearing. (

s) Philippe Dupont Clerk BY THE CHIEF JUSTICE JUDGMENT [ 1 ] In I.S. v. R ( 2014 QCCA 2291 ), I expressed the view that the arguable merit of an application is a better criterion to appreciate the advisability of allowing a review of an order of detention by the Court of Appeal than the criterion of the reasonable chances of success of that review. In other words, the threshold is fairly low and the Petitioner has satisfied me that it is met here as the Application has arguable merit.

FOR THESE REASONS, I HEREBY: [ 2 ] GRANT the Petitioner’s application for permission to review the detention order; [ 3 ] DIRECT that the detention order against the Petitioner be reviewed by a panel of this Court on June 2, 2017, in room Pierre- Basile-Mignault, at 9:30 a.m., for a 60 minute hearing; [ 4 ] ORDER the Petitioner, after having notified a copy upon the respondent, to file in the Office of the Court, no later than April 13, 2017, five copies of a written argument not exceeding fifteen (15) pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, exhibits , etc.) shall be annexed; [ 5 ] ORDER the respondent, after having notified a copy upon the Petitioner, to file in the Office of the Court, no later than May 2, 2017 , five copies of a written argument not exceeding fifteen (15) pages and of his annexes; [ 6 ] DIRECT the parties’ attention to

section 376 C .C.P . and

article 55 of the Civil Practice Regulation , which read as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations.

[ 7 ] DIRECT the parties’ attention to Practice Direction G-3 encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities. Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches, it being understood that the USB drive is the format preferred by the Court, although CD / DVD-ROM are also accepted ; Nicole Duval hesler , C.J.Q.