2018 QCCA 2074, 2018 QCCA 2074

Vdovin c. R. 2018 QCCA 2074 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006876-187 (500-01-126232-153) MINUTES OF THE HEARING DATE: November 29, 2018 THE HONOURABLE STEPHEN W. HAMILTON, J.C.A. PETITIONER COUNSEL Anatoliy vdovin Mtre PAUL SKOLNIK (Paul Skolnik, Avocat) RESPONDENT COUNSEL SA MAJESTÉ LA REINE Mtre Laurent-Alexandre Duclos-Bélanger pour Mtre ÉRIC POUDRIER (Directeur des poursuites criminelles et pénales) DESCRIPTION: Application to examine and reproduce exhibits. (Sect. 605 C. cr. and sect. 65 R.c.a.q.c.m. ) Clerk: Lory Beauregard Courtroom: RC-18

HEARING 9:33 Commencement of the hearing. Identification of counsel. The application is not contested. Exchanges between the judge and counsel. Recess of the hearing. 10:07 Resumption of the hearing. Submissions by Mtre Skolnik. 10:09 Exchanges between the judge and counsel. 10:19 Recess of the hearing. 10:22 BY THE JUDGE : Judgment – see page 3. 10:24 Conclusion of the hearing. (

s) Lory Beauregard, clerk BY THE JUDGE JUDGMENT [ 1 ] The Court of Appeal is not a “superior court of criminal jurisdiction” or a “court of criminal jurisdiction” as those terms are defined in

section 2 of the Criminal Code . As a result, I do not have jurisdiction to issue an order under

section 605 Cr.C . [1] [ 2 ] However, a panel may have jurisdiction under section 683(3) Cr.C . and

section 65 of the Rules of the Court of Appeal of Quebec in Criminal Matters to issue an order that will give the Petitioner access to the exhibits, should such an order be necessary. I will therefore defer the application to a panel . [ 3 ] In the meantime, the Petitioner and the Respondent undertake that they will try to find a way to give the Petitioner access to the exhibits which he requires. THEREFORE, THE UNDERSIGNED: [ 4 ] DEFERS the application to the panel sitting on December 10, 2018 at 9:30 a.m., in the Mignault Courtroom. STEPHEN W. HAMILTON , J.C.A.