Her Majesty The Queen Applicant v. Giovanni D’Amico, 2019 SCC 23

SUPREME COURT OF CANADA Citation: R. v . D’Amico , 2019 SCC 23, [2019] 2 S.C.R. 394 Motion Heard: April 11, 2019 Order: April 11, 2019 Docket: 38512 Between: Her Majesty The Queen Applicant and Giovanni D’Amico Respondent Coram: Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin JJ. Reasons for Order: (paras. 1 to 3) The Court R. v. D’Amico, 2019 SCC 23, [2019] 2 S.C.R. 394 Her Majesty The Queen Applicant v. Giovanni D’Amico Respondent Indexed as : R. v. D’Amico 2019 SCC 23 File No.: 38512. 2019: April 11.

Present: Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin JJ. motion to quash a notice of appeal as of right Criminal law — Appeals — Appeals to Supreme Court of Canada — Appeal as of right — Dissent on question of law — Court of Appeal unanimous in dismissing accused’s appeal from convictions — Accused filing notice of appeal as of right based on disagreement between appellate judges on point of law — Crown bringing motion to quash notice of appeal as of right — Dissent giving rise to appeal as of right is disagreement that affects result — Motion granted — Criminal Code, R.S.C. 1985, c.

C-46, s. 691(1) (a). Statutes and Regulations Cited Criminal Code , R.S.C. 1985, c. C-46, s. 691(1) (a).

MOTION to quash a notice of appeal as of right from a judgment of the Quebec Court of Appeal (Thibault, Vauclair and Ruel JJ.A.), 2019 QCCA 77 , 375 C.C.C. (3d) 1, 427 C.R.R. (2d) 116, [2019] AZ-51562974, [2019] Q.J. No. 235 (QL), 2019 CarswellQue 268 (WL Can.) , affirming the convictions entered by Rheault J.C.Q., 2014 QCCQ 21006 , [2014] AZ-51260923, [2014] Q.J. No. 23322 (QL), 2014 CarswellQue 14694 (WL Can.). Motion granted. Written submissions by Maude Payette , for the applicant. Written submissions by Alexandre Bien-Aimé and Philipe G. Knerr , for the respondent.

The following is the order delivered by [ 1 ] The Court — The motion for an extension of time to serve and file the motion to quash is granted. [ 2 ] The motion to quash is granted. [ 3 ] A dissent within the meaning of s. 691(1) (

a) of the Criminal Code , R.S.C. 1985, c. C-46 , means a disagreement which affects the result. In this case, Vauclair J.A.’s disagreement does not go to the result and is better characterized as a concurring opinion or an opinion concurring in the result. Motion granted. Solicitor for the applicant: Director of Criminal and Penal Prosecutions, Montréal. Solicitors for the respondent: Shadley Bien-Aimé, Montréal.