2011 QCCA 457, 2011 QCCA 457
Opinion
Makara c. R. 2011 QCCA 457 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004541-098 (550-01-034489-080) MINUTES OF THE HEARING DATE: March 7, 2011 CORAM: THE HONOURABLE ANDRÉ ROCHON, J.A. FRANÇOIS DOYON, J.A. NICOLE DUVAL HESLER, J.A. APPELLANT BROOK MAKARA In person RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Marilyn Jennifer Morin CRIMINAL AND PENAL PROSECUTING ATTORNEY ATTORNEY
MOTION TO ADDUCE FRESH EVIDENCE Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault (by videoconfence) HEARING Mr. Makara is participating to the hearing by way of videoconference. 14 h 07 Beginning of the hearing. 14 h 07 Representations by Mtre Morin and Mr. Makara. 14 h 19 Recess. 14 h 32 Resumption of the hearing. 14 h 32 By the Court: judgment (see next page). Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Petitioner is asking for the criminal record of witness Michel Mathieu Martineau up to July 23, 2008.
The Crown has conceded that it should supply him with same for the sole purpose of this appeal and the Court gives act of this undertaking. [ 2 ] Regarding Petitioner's second request, the Court orders that any writings addressed by Michel Mathieu Martineau to correctional officer Karin Goneau (circa May 2007) be filed in a sealed envelope and the issue of its admissibility is deferred to the panel that will hear the appeal. The Crown attorney is instructed to provide the document under seal, under reserve of the correctional authorities' right to contest such admissibility.
ANDRÉ ROCHON, J.A. FRANÇOIS DOYON, J.A. NICOLE DUVAL HESLER, J.A.
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