2019 QCCA 412, 2019 QCCA 412

R. c. Bryant 2019 QCCA 412 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007004-193 (500-73-003997-133, SEQ. ACC. 001) MINUTES OF THE HEARING DATE: On March 13, 2019 THE HONOURABLE STEPHEN W. HAMILTON, J.A. PETITIONER COUNSEL HER MAJESTY THE QUEEN Mtre CARLY NORRIS (Service des poursuites pénales du Canada) RESPONDENT COUNSEL ROBERT BRYANT Mtre PHILIPPE C. LEGAULT (Morneau L'Ecuyer La Leggia Rouleau s.n.) DESCRIPTION: Application for leave to appeal from a judgment rendered on February 7, 2019 by the Honourable Jean- François Buffoni of the Superior Court, District of Montreal. ( S. 676(1)

d) Cr.C . , 23 et seq. R.C.A.Q.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING

9:37 Commencement of the hearing. The Parties agree to refer the application to the panel due to hear the appeal on the verdict. Exchanges between the Judge and Counsel. 9:40 BY THE JUDGE: Judgment – See page 3. Exchanges between the Judge and Counsel regarding the case management. 9:42 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] On November 12, 2018, the Respondent was found guilty by a jury of conspiracy to import and to possess for the purpose of trafficking cannabis resin and cocaine. [ 2 ] On February 4, 2019, the Respondent was sentenced to a period of 44 months imprisonment on each count, to be served concurrently, with a credit of 42 days for days spent in custody. [1] [ 3 ] The Respondent appealed from his conviction in file 500-10-006927-188. [ 4 ] The Applicant now files a motion for leave to appeal from the sentence. [ 5 ] The parties agree that the motion for leave to appeal from the sentence should be referred to the court hearing the appeal from the conviction, in accordance with

Section 58 of the Rules of the Court of Appeal of Quebec in Criminal Matters . FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] REFERS the motion for leave to appeal from the sentence to the panel of the Court hearing the appeal from the conviction in file 500-10-006927-188; [ 7 ] DECLARES that the proceedings shall proceed, without briefs, on the basis of the fast-track procedure; [ 8 ] ORDERS the Applicant, after having served a copy upon the Respondent, to file with the Office of the Court five copies of the documents referred to in

Section 60 of the Rules , and an argument no longer than 10 pages in length at the same time as it files its brief in the appeal from conviction in file 500-10-006927-188; [ 9 ] ORDERS the R espondent, after serving a copy upon the Applicant, to file with the Office of the Court five copies of the questionnaire, and if applicable, an argument no longer than 10 pages pursuant to

Section 60 of the Rules 30 days after service of the Applicant’s argument ; [ 10 ] ORDERS that the parties, as provided by

Section 60 of the Rules , file their argument drafted on good qualify white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single-spaced and indented). The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm.

The text shall be reproduced on one side only of each sheet (Section 18 paragraph 2 of the Rules ); [ 11 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 12 ] ALLOWS the Respondent, as provided by the second paragraph of

Section 60 of the Rules , to notify the duly completed questionnaire to the applicant and file fives copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 13 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the brief and from the argument to the schedules. The USB key shall be identified in the same matter as a pleading (Section 12 of the Rules );

[ 14 ] REMINDS the parties that they may file a book of authorities with the Office of the Court, after notifying the other party. It shall be prepared in accordance with

Section 44 of the Rules and be filed 30 days before the hearing of the appeal (Section 46 of the Rules ); [ 15 ] REFERS the file to the Master of the Rolls to determine the date of a hearing of 60 minutes in duration (30 minutes for each parties), on the same date as the hearing of the Respondent’s appeal from his conviction in file 500-10-006927-188; STEPHEN W. HAMILTON , J.A.