2023 QCCA 1552, 2023 QCCA 1552

Palermo c. R. 2023 QCCA 1552 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008119-230 ( 540-01-105349-222 ) MINUTES OF HEARING WARNING : The trial court made an order under s. 486.4 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 directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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: December 8, 2023 THE HONOURABLE STEPHEN W. HAMILTON, J.A.

APPLICANT COUNSEL Cesario Palermo Mtre Christina Bouthillier ( Aide Juridique de Montréal ) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Simon Blais ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion to extend the time to appeal ( Art. 678(2) C.cr .) . Motion for leave to appeal from a sentence imposed on July 6, 2023 by the Honourable Dominique Larochelle of the Court of Québec, Criminal Division , District of Laval (Section 675(1)(

b) C.cr . ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:31 Commencement of the hearing. Identification of counsel. 9:32 Submissions by Mtre Bouthillier. 9:33 Case management. 9:35 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT WARNING : The trial court made an order under s. 486.4 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 directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] On December 8, 2022, the Applicant pleaded guilty to three counts of break and enter in a dwelling-house with intent to commit an indictable offence, assault and sexual assault.

He was sentenced on July 6, 2023, to a total of 8 years’ imprisonment less a credit for pre-sentence custody. [ 2 ] On December 4, 2023, he filed a motion for leave to appeal from the sentence as well as a motion to extend the time for appeal.

He explains in the motion to extend the time for appeal that he showed his intention to appeal by email on July 29, 2023, but that he was unable to make his motion for leave to appeal within the prescribed delay because he did not receive a copy of the written judgment until September 27, 2023, he was on vacation for the first two weeks of October 2023, and he contracted Covid-19 on his return from vacation and was unable to work for two weeks. [ 3 ] The Respondent does not contest the motion to extend the time for appeal and suggests that the motion for leave to appeal the sentence be deferred to the Court pursuant to

Section 58 of the Rules of the Court of Appeal of Quebec in Criminal Matters ( R.C.A.Q.C.M . ) . [ 4 ] I agree with the Respondent’s suggestion. [ 5 ] The matter should proceed without briefs, on the basis of the fast-track procedure, as provided for in

section 59 R.C.A.Q.C.M. FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Applicant’s Motion to Extend the Time for Appeal; [ 7 ] EXTENDS the time to appeal the sentence rendered on July 6, 2023, by the Honourable Dominique LaRochelle of the Court of Quebec; [ 8 ] ALLOWS the filing of the Applicant’s Motion for Leave to Appeal from a Sentence dated November 14, 2023; [ 9 ] DEFERS the Applicant’s Motion for Leave to Appeal from a Sentence to the Court pursuant to

Section 58 R.C.A.Q.C.M. ; [ 10 ] DECLARES that the hearing before the Court shall bear on both the motion for leave and, in the event the motion is granted, on the merits of the appeal; [ 11 ] ORDERS that the matter proceed, without briefs, on the basis of the fast-track procedure; [ 12 ] REFERS the file to the master of the Rolls to set the date for the hearing to be pleaded without briefs, for a duration of 60 minutes (30 minutes for the Applicant; 30 minutes for the Respondent) ; [ 13 ] ORDERS the Applicant, after notification to the Respondent, to file with the Office of the Court, no later than February 19, 2024 , five copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and an argument of no more than ten (10) pages ; [ 14 ] ORDERS the Respondent, after notification to the Applicant, to file with the Office of the Court, no later than March 22, 2024 , five copies of an argument of no more than ten (10) pages ; [ 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 . STEPHEN W. HAMILTON, J.A.