2023 QCCA 89, 2023 QCCA 89

Daigle c. R. 2023 QCCA 89 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007894-221 ( 500-38-028260-205 ) MINUTES OF HEARING DATE: January 23, 2023 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPLICANT John Christopher Daigle Unrepresented RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Hussein Hassan ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: Motion to dismiss the appeal summarily ( Section 685(2) C.cr .) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:34 Commencement of the hearing. Identification of the parties.

Preliminary remarks by the judge. 9:35 Submissions by Mtre Hassan. Discussion between the judge and Mtre Hassan. 9:36 Submission by Mr. Daigle. 9:39 Discussion between the judge and Mtre Hassan. 9:40 BY THE JUDGE : Judgement – see page 3. 9:42 Discussion between the judge and Mr. Daigle. 9:45 Conclusion of the hearing.

Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] The appeal filed in this case relates to a firearms prohibition order made by the Court of Québec, Criminal and Penal Division, pursuant to subsection 111(5) Cr.C . [ 2 ] The Crown seeks the

summary dismissal of the appeal on the ground that it should have been filed with the Superior Court. [ 3 ] I agree. As per

section 84 and subsection 111(8) Cr.C . , an appeal from an order made pursuant to subsection 111(5) must be filed with the Superior Court. Moreover, subsection 685(2) Cr.C . empowers a judge of the Court to summarily dismiss an appeal that ought to have been filed with another court. FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the motion to dismiss the appeal summarily; [ 5 ] DISMISSES the appeal. FRÉDÉRIC BACHAND, J.A.