2018 QCCA 2202, 2018 QCCA 2202

R. c. Byrne 2018 QCCA 2202 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006881-187 (450-73-000937-163) MINUTES OF THE HEARING DATE: November 23, 2018 THE HONOURABLE FRANÇOIS DOYON , J.A. PETITIONER COUNSEL HER MAJESTY THE QUEEN Mtre ANDRÉANE CÔTÉ (Service des poursuites pénales du Canada) RESPONDENT COUNSEL THOMAS JEFFRY BYRNE Mtre CHARLES SHEARSON (Walsh Shearson) DESCRIPTION: Motion for leave to appeal from a sentence. (Sect. 676(1)

d) Cr. C. and sect. 21 et seq. R.C.A.Q.C.

M) Clerk: Lory Beauregard Courtroom: RC-18

HEARING 9:31 Commencement of the hearing. Identification of counsel. Recess of the hearing. 9:39 Resumption of the hearing. Submissions by Mtre Côté. 9:44 Submissions by Mtre Shearson. Mtre Shearson submits a copy of his authority. 9:48 BY THE JUDGE : Judgment – see page 3. 9:51 Conclusion of the hearing. (

s) Lory Beauregard, Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the motion for leave to appeal against the sentence rendered on September 17 th , 2018 by the honourable Charles Ouellet sitting in the Superior Court; [ 2 ] Considering that the motion for leave to appeal from a sentence should be referred to the Court in accordance with Rule 55 of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 3 ] Considering that the parties agreed to plead the file without briefs; THEREFORE, THE UNDERSIGNED: [ 4 ] REFERS the motion for leave to appeal against the sentence to the Court; [ 5 ] PLACES the case on the role of April 5 th , 2019, in room Pierre-Basile-Mignault at 9:30 am , to be pleaded without briefs for a hearing of 60 minutes of duration (30 minutes each); [ 6 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than January 11 th , 2019, five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 7 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than February 8 th , 2019, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length; [ 8 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key.

FRANÇOIS DOYON , J.A.