2022 QCCA 165, 2022 QCCA 165
Opinion
Vo-Dai c. R. 2022 QCCA 165 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007693-219 ( 500-01-059473-980 ) MINUTES OF HEARING DATE: January 31, 2022 CORAM: THE HONOURABLE MANON SAVARD, C.J.Q. ROBERT M. MAINVILLE, J.A. PETER KALICHMAN, J.A.
APPLICANT COUNSEL CLEO VO-DAI Mtre ALEXANDRE BIEN-AIMÉ (by videoconference) ( Shadley Bien-Aimé ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ROBERT BENOIT (by videoconference) ( Criminal and Penal Prosecuting Attorney ) DESCRIPTION: Amended motion to extend the time for appeal ( Section 678(2) of the Criminal Code ) Amended motion for leave to appeal to withdraw guilty pleas (Sections 606(1.1), 675(1)a)(iii) and 686(1)a)(iii) of the Criminal Code ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:32 Commencement of the hearing.
Identification of counsel. 9:32 Mtre Benoit informs the Court that the two motions are not contested.
9:36 Mtre Bien-Aimé intends to file a motion for permission to present new evidence. He undertakes to file his motion in the Office of the Court no later than February 25, 2022, to be presented before the Court on March 14, 2022, in Pierre-Basile- Mignault courtroom. 9:39 By the Court: judgment – see page 3. 9:42 Conclusion of the hearing.
Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] Considering the amended motion to extend the time for appeal and the amended motion for authorization for leave to withdraw guilty pleas (art. 675(1)a)(iii) Cr.C . ); [ 2 ] Considering the Respondent’s consent to both motions; [ 3 ] Considering that the Applicant informs the Court of her intention to file before the Office of the Court a motion for new evidence, no later than February 25, 2022; THE COURT: [ 4 ] GRANTS the amended motion to extend the time for appeal; [ 5 ] EXTENDS the delay to appeal; [ 6 ] ALLOWS the filing, on November 2, 2021, of the motion for authorization for leave to withdraw guilty pleas; [ 7 ] GRANTS leave to appeal; [ 8 ] ORDERS the Applicant to file her motion for new evidence, after notification to the Respondent, with the Office of the Court, no later than February 25, 2022; [ 9 ] PLACES the file on the roll of March 14, 2022 in room Pierre-Basile Mignault at 9:30 a.m.
MANON SAVARD, C.J.Q. ROBERT M. MAINVILLE, J.A. PETER KALICHMAN, J.A.
Loading document…