2015 QCCA 305, 2015 QCCA 305

Chemama c. R. 2015 QCCA 305 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005070-121, 500-10-005312-127, 500-10-005633-142, 500-10-005313-125, 500-10-005357-130, 500-10-005356-132, 500-10-005453-137, 500-10-005556-145, 500-10-005444-136, 500-10-005634-140, 500-10-005314-123, 500-10-005555-147, 500-10-005633-142) (500-01-049364-109, 500-01-048577-107, 500-36-006319-126, 500-36-007021-135) MINUTES OF THE HEARING DATE: February 4, 2015 THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q.

PETITIONER ATTORNEY ERICH CHEMAMA In person RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre ROBERT BENOIT (Criminal and penal prosecuting attorney) M tre Pierre LatulipPe (Attorney General of Quebec) AMICUS CURIAE Mtre PAUL SKOLNIK

DESCRIPTION: Notice of Application to the Chief Justice for direction of review of decision by judge of appeal code section 680(1) from the Quebec Court of Appeal. ( 500-10-005357-130, 500-10-005556-145, 500-10-005444-136) Notice of Application for release pending appeal code 679(1) Cr. C. Notice of Motion for Assignment of Counsel for accused (Code S.684 (1) (2). Notice of Application under section 24(1) and 52 of the Canadian Charter Rights and Freedom. Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 9:34 Commencement of the hearing. Identification of counsel. 9:34 Mr.

Chemama asks the Chief Justice to delay the hearing to 10:00 o’clock, to allow the presence of Mtre Brodsky concerning his application under section 24(1) and 52 of the Canadian Charter Rights and Freedom . 9:36 Observations by Mtre Paul Skolnik. 9:38 Mr. Chemama asks that the attorneys contact Mtre Daniel Brodsky. 9:39 Suspension. 9:51 Resumption. 9:51 Mtre Benoit informs the Chief Justice that he called Mtre Brodsky and he had only the voicemail of Mtre Brodsky, so he left a message and Mtre Brodsky did not call him back. 9:52 The Chief Justice asks Mr. Chemama to proceed on his motions. 9:53 Submissions by Mr.

Chemama on the motion under

article 672 Cr. C . 9:54 Mtre Robert Benoit informs the Chief Justice that he did not receive any motion under

article 672 Cr. C. 9:56 The Chief Justice asks Mr Chemama to proceed only on the motions that are before the court this morning. 9:59 Submissions by Mr. Chemama on his application under

article 680 Cr. C . 10:05 Mr. Chemama asks again the Chief Justice to call Mtre Brodsky. 10:05 Mtre Benoit informs the Chief Justice that he has received a message from Mtre Brodsky. The Chief Justice asks Mtre Benoit to listen to the message and advise her of its content. 10:09 Mr. Chemama asks the Chief Justice to recuse herself. 10:09 The Chief Justice dismisses the verbal motion to be recused. 10:09 Mtre Benoit reports the message of Mtre Brodsky to the Chief Justice. 10:10 The Chief Justice asks Mr Chemama to proceed on his motion under

article 680 Cr. C. 10:12 Mr. Chemama reiterates his request that the Chief Justice recuse herself. 10:12 The Chief Justice denies that request. The Chief Justice asks Mr. Chemama to proceed with the presentation of his motions. 10:12 Submissions by Mr. Chemama on the request for recusal. 10:14 The Chief Justice again advises Mr. Chemama that she will not recuse herself. She asks Mr Chemama, once again, to proceed on his motions. 10:15 BY THE CHIEF JUSTICE: Judgment – see page 5. 10:20 End of the hearing.

Marcelle Desmarais Clerk BY THE JUDGE JUDGMENT [ 1 ] For the purposes of the record, I note that Mr. Chemama was to present four applications or motions before the Court this morning. [ 2 ] While I have asked him repeatedly to submit his arguments in support of same, he has insisted on carrying on with arguments dealing with other motions allegedly before the Supreme Court of Canada, of which I have no knowledge, with a new motion under

article 684 of the Criminal code , for which there is no written motion. He has repeatedly asked for my recusal, saying, among other claims, that I am trying to destroy him, that I am anti-semitic, and that I was appointed by Prime Minister Harper. [ 3 ] Mr. Chemama was warned that absent any submissions regarding the merit of his motions, I would terminate the hearing and nonetheless rule on them. [ 4 ] I see no valid reasons for my recusal in this matter. [ 5 ] Accordingly, Mr. Chemama's Emergency notice of application for direction of review section 680 (1) Cr.

C. in respect of a judgment of Justice Manon Savard, J.A. is denied; [ 6 ] Mr. Chemama's Notice of Application under section 24(1) and 52 of the Canadian Charter Rights and Freedom , is denied; [ 7 ] The Notice of motion concerning the appointment of Mtre Daniel Brodsky is denied; [ 8 ] The Application for release pending appeal is denied. NICOLE DUVAL HESLER, C.J.Q.