2014 QCCA 868, 2014 QCCA 868

Turmel c. R. 2014 QCCA 868 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005536-139 500-10-005550-130 500-10-005559-149 (700-36-000999-135) DATE: May 1, 2014 PRESIDING: MTRE ANNICK NGUYEN, DEPUTY CLERK RAYMOND TURMEL APPELLANT - defendant v. HER MAJESTY THE QUEEN RESPONDENT - plaintiff JUDGMENT [ 1 ] I am seized with the respondent’s motion to have the appeals referred to the Court for

summary determination under

section 685 of the Criminal Code in the following files: 500-10-005536-139, 500-10-005550-130 and 500-10-005559-149. [ 2 ] The appellant stands charged with producing a substance prohibited by section 7(1) ,

(2) b) of the Controlled Drugs and Substances Act [1] in November 2012. The preliminary inquiry is scheduled for August 2014 before the Court of Quebec. [ 3 ] On November 8, 2013, Vauclair J., then a judge of the Superior Court, struck the appellant’s motion to quash from the docket of the court and declared that the Superior Court did not have jurisdiction to hear his motion. [2] [ 4 ] On December 13, 2013, the appellant presented a similar motion to quash before Bourque J. of the Superior Court.

The motion was dismissed. [ 5 ] On January 10, 2014, the appellant’s third motion to quash was struck from the docket of the Superior Court by David J., who stated that he did not have jurisdiction to review his colleagues’ decisions. [3] [ 6 ] In his Notices of Appeal, the appellant appeals “against the dismissal of his s.601 application to quash” of November 8, 2013, December 13, 2013 and January 10, 2014 but without indicating the provision pursuant to which the appeals are based as required by

section 11 of the Rules of the Court of Appeal of Quebec in Criminal Matters, that provides: 11. Title of proceedings. The title of a proceeding shall appear on the back and on the first page and shall indicate the status in the appeal of the party presenting the proceeding, followed by a precise citation to the statute or regulation upon which it is based. [Emphasis added] [ 7 ] Let it not be forgotten that there is no right of appeal in a criminal matter unless it is provided for by statute. The right of appeal before our Court is one created by a legislative provision and is strictly applied, and unless such a right is clearly stated, it does not exist, in accordance with

section 674 of the Criminal Code : 674. No proceedings, other than those authorized by this Part and

Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offenses. [ 8 ] The Supreme Court of Canada has consistently ruled that, as between the accused and the Crown, the Criminal Code does not provide a right of appeal to the parties until the end of the trial. [4] Moreover, in this case, the Criminal Code does not contemplate an appeal from a judgment dismissing a motion to quash under s.601 . [ 9 ] I am of the view that the appeals do not show a substantial ground of appeal and will therefore refer the appeals to a panel of the Court for

summary determination. FOR THESE REASONS, THE UNDERSIGNED: [ 10 ] REFERS the appeals in files 500-10-0505536-139, 500-10-005550-130 and 500-10-005559-149 to the panel of the Court sitting on June 9, 2014 , at 9am, in courtroom Pierre-Basile-Mignault;

[ 11 ] ORDERS the respondent to file three (3) copies of her Motion to have the appeal dismissed (s.685 of the Criminal Code) and other documents attached no later than May 30, 2014. ANNICK NGUYEN, Deputy Clerk Mr. Raymond Turmel For the appellant Mtre Maxime Lacoursière Director of criminal and penal prosecutions For the respondent Date of hearing: April 25, 2014