2020 QCCA 81, 2020 QCCA 81

Leung c. R. 2020 QCCA 81 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No. : 500-10-006824-187 ( 500-01-133180-163 ) MINUTES OF HEARING DATE: January 21, 2020 THE HONOURABLE MANON SAVARD, J.A. APPLICANT COUNSEL Goi Hing Leung Mtre Véronique Talbot ( Véronique Talbot Avocate ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre HUGO ROUSSE ( Director of Criminal and Penal Prosecutions ) On appeal from a judgment rendered on July 5, 2018 by the Honourable Thierry Nadon of the Court of Québec , District of Montreal . DESCRIPTION: Application to extend the time for appeal ( Art. 678(2) C.cr . ) .

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:29 Commencement of the hearing. Identification of counsel. Recess of the hearing, Mtre Rousse being absent.

10:29 Resumption of the hearing. Submissions by Mtre Talbot. 10:40 Submissions by Mtre Rousse. 10:41 BY THE JUDGE: Judgment – see page 3. 10:42 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] On August 8, 2018, the Applicant filed an application to extend the time for appeal of the judgment of the Court of Québec, Criminal and Penal Division, dated July 5, 2018, declaring him guilty on the charge of attempted murder, under section 239(1) (

b) Cr.C . , and staying proceedings on the charge of aggravated assault, under

section 268 Cr.C . [ 2 ] Although more than 15 months have passed since its filing, such application is not yet ready to proceed and cannot be placed on the roll. The clerk therefore convened the Applicant’s attorney, Mtre Talbot, to appear before a judge to explain the situation. [ 3 ] Mtre Talbot informed me of her intent to cease representing, but explained that she had not been able to serve the Applicant in due time with her application to cease representing in this file.

Mtre Talbot therefore requested a postponement of the present application so that it can be heard at the same time as her application to cease representing. The Respondent, rightly so, consented to such postponement. All parties agreed to proceed on January 30, 2020. [ 4 ] In the interim, Mtre Talbot undertook to file a copy of the judgment in first instance in support of the application to extend the time for appeal and to serve and file her application to cease representing in due time so that it can be heard on January 30, 2020.

She also undertook to provide to the applicant all required information and documents for the follow-up in this file. FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] POSTPONES the application to extend the time for appeal to January 30, 2020, in Room RC-18, at 9:30 a.m. MANON SAVARD, J.A.