McDonald c. R. 2019 QCCA 2060 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007114-190 ( 500-73-004556-177 ) MINUTES OF HEARING DATE: November 25, 2019 THE HONOURABLE BENOÎT MOORE, J.A. APPELLANT COUNSEL Charlene Mcdonald Mtre Rodolphe Bourgeois RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Mathieu Stanton ( service des poursuites pénales du Canada ) DESCRIPTION: Motion to suspend an order of forfeiture and disposition of seized items. Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:31 Commencement of the hearing. Identification of counsel. Recess of the hearing.

10:28 Resumption of the hearing. Submissions by Mtre Bourgeois. 10:30 BY THE COURT: Judgment – see page 3. 10:32 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] Seeing the Motion to suspend an order of forfeiture and disposition of seized items under section 683(5) (

b) of the Criminal Code ; [ 2 ] Seeing the respondent-accused was tried by a jury in the district of Montreal and found guilty on 4 June 2019 of importing heroin into Canada; [ 3 ] Seeing that on 14 June 2019, the respondent-accused was sentenced to 13 years of incarceration less time served, by the presiding Justice, James Brunton S.C.J.; [ 4 ] Seeing that at the time of sentencing, Justice Brunton issued an order for the forfeiture and disposition of seized property; [ 5 ] Seeing that t he respondent-accused is appealing her conviction for importation of heroin, on alleged grounds of law as indicated in her Notice of Appeal; [ 6 ] Seeing that i n the event that this Court, after hearing the appeal, should order a new trial, the items seized must remain available for that purpose; [ 7 ] Seeing that i t is in the interests of justice that the order of forfeiture and disposition of items seized be suspended until the appeal in this matter has been adjudicated; [ 8 ] Seeing that the c ounsel for the respondent-accused States that this application is well founded in fact and in law.

FOR THESE REASONS, THE UNDERSIGNED: [ 9 ] GRANT the applicant-prosecutor’s motion to suspend the order for the forfeiture and disposition of seized items; [ 10 ] ORDER the suspension of the order for the forfeiture and disposition of seized items issued on 14 June 2019 by Justice James Brunton, S.C.J., district of Montréal, in the file number 500-73-004556-177; BENOÎT MOORE, J.A.