2023 QCCA 743, 2023 QCCA 743

Batchelor c. R. 2023 QCCA 743 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008022-236, 500-10-008016-238 ( 550-01-114718-192 SEQ. 001) MINUTES OF HEARING WARNING : The trial court made an order under s. 486.4(1) Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE: June 5, 2023 THE HONOURABLE MARK SCHRAGER, J.A.

APPLICANT COUNSEL Paul David Grant BaTchelor Mtre Elisabeth Beauchamp ( Desjardins Côté ) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Isabelle Bouchard ( Directeur des poursuites criminelles et pénales ) By videoconference DESCRIPTION: 500-10-008016-238 Motion for leave to appeal from a sentence imposed on April 24, 2023 , by the Honourable Réal R. Lapointe of the Court of Québec, Criminal Division , District of Gatineau . ( Section 675 (1)

b) Cr.C .,

section 58 al. 2 R.C.a.Q.m.c .) 500-10-008022-236 Motion to extend the time of appeal. ( Section 678 (2) of the Criminal Code ) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING

9:32 Commencement of the hearing. Identification of counsel. Preliminary remarks by the judge. Both motions are uncontested by the respondent. 9:33 Discussion between the judge and the parties regarding the proceedings in appeal.

BY THE JUDGE : Judgement – see page 3. 9:36 Conclusion of the hearing Ariane Simard-Trudel, Clerk at the hearing JUDGMENT IN THE FILE NUMBER 500-10-008022-236 [ 1 ] I am satisfied that the Applicant expressed his desire to appeal immediately following the conviction, that he has exercised due diligence and that the proposed grounds of appeal are sufficiently serious to grant leave to appeal. [ 2 ] The Crown does not contest the extension of time.

FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the Motion to extend the time to appeal; [ 4 ] EXTENDS the time to appeal to today; [ 5 ] ALLOWS the filing of the Notice of appeal and TAKES cognizance that the Notice has been filed in the Court’s record.

IN THE FILE NUMBER 500-10-008016-238 [ 6 ] Seeing the Motion for leave to appeal from a sentence; [ 7 ] Seeing that the Crown does not contest; [ 8 ] Seeing the grounds invoked; [ 9 ] Seeing the appeal from conviction (file #500-10-008022-236); FOR THESE REASONS, THE UNDERSIGNED: [ 10 ] REFERS the Motion for leave to appeal from a sentence to the bench of the Court which will hear the appeal from conviction; [ 11 ] DECLARES that the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure; [ 12 ] ORDERS the applicant, after notification to the respondent, to file with the Office of the Court, no later than the latest date for filing of the brief in the appeal from conviction , five copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and, if applicable, an argument of no more than 10 pages ; [ 13 ] ORDERS the respondent, after notification to the applicant(s), to file with the Office of the Court, no later than the latest date for filing of the brief in the appeal from conviction , five copies of an argument of no more than 10 pages ; [ 14 ] REFERS the file to the Master of the Rolls for the scheduling of a hearing of 40 minutes, namely 20 minutes for the applicant and 20 minutes for the respondent, on the same date and before the same panel as the appeal from conviction; [ 15 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single-spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 16 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively;

[ 17 ] ALLOWS the respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the applicant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 18 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 19 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M . MARK SCHRAGER, J.A.