2012 QCCA 74, 2012 QCCA 74
Opinion
Pardi c. R. 2012 QCCA 74 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005069-115 ( 760-01-041747-079 ) MINUTES OF THE HEARING DATE: January 20, 2012 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER ATTORNEY BRANDON PARDI Mtre Mylène Lareau RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Joey Dubois Counsel for the poursuites criminelles et pénales
MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON DECEMBER 9, 2011, BY THE HONOURABLE MICHEL MERCIER OF THE QUEBEC COURT, DISTRICT OF SALABERRY-DE-VALLEYFIELD Clerk: Annick Nguyen Court Room: ——- HEARING In view of the fact that the motion is not contested, counsel are exempted from appearing in court. Judgment – See page 3.
Annick Nguyen Clerk JUDGMENT [ 1 ] The appellant has petitioned for leave to appeal on mixed questions of fact and law from a judgment of the Court of Québec, District of Salaberry-de-Valleyfield, (the Honourable Michel Mercier), rendered on December 9, 2011, which declared the appellant guilty of operating a motor vehicle in a manner dangerous to the public thereby causing death under subsection 249(4) of the Criminal Code .
The motion is brought pursuant to paragraph 675(1) a)(ii) of the Criminal Code. [ 2 ] He has previously filed a notice of appeal, dated December 23, 2011, raising six questions of law. [ 3 ] The Crown has chosen not to contest the motion for leave. The Crown takes the position that the grounds raised in the notice of appeal, in particular those relating to the unreasonable character of the verdict, are such that they will require a complete review of the evidence by the Court in any event.
I agree that this is a circumstance in which granting the motion for leave, as opposed to deferring it to the Court, is appropriate. [ 4 ] After due consideration of the motion, I am of the view that leave to appeal should be granted for all the questions raised in paragraph 5. [ 5 ] FOR THESE REASONS, the undersigned: [ 6 ] GRANTS the motion for leave to appeal in respect of the grounds raised in paragraph 5 of the motion.
NICHOLAS KASIRER, J.A.
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