2020 QCCA 1522, 2020 QCCA 1522

Mirzoian c. R. 2020 QCCA 1522 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007393-208 ( 540-01-085873-183 ) MINUTES OF HEARING DATE: November 13, 2020 THE HONOURABLE STEPHEN W. HAMILTON, J.A.

APPLICANT COUNSEL Levon Mirzoian Mtre Steeve Rancourt ( Brouillard, Joyal, Rancourt & avocats ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre SIMON BLAIS (Directrice des poursuites criminelles et pénales) By videoconference DESCRIPTION: Motion for leave to appeal from a guilty verdict rendered on August 7 , 2020 by the Honourable Éric Côté of the Court of Québec, Criminal Division , District of Laval (Art.675(1) a) (ii) C.cr . ) . Application to cease representing the appellant. Clerk at the hearing : Mélahelle Sicotte Courtroom: RC-18 HEARING 9:38 Commencement of the hearing.

Identification of counsel. Mr. Mirzoian is by videoconference. 9:39 Comments by the judge. 9:40 Comments by Mr. Mirzoian. 9:43 Question by the judge and response by Mr. Mirzoian regarding the application to cease representing.

9:47 Mr. Mirzoian does not contest the application. 9:50 Comment by Mtre Blais. 9:52 Discussion between the judge and Mr. Mirzoian. 9:56 BY THE JUDGE : Judgment – see page 3. The motion for leave to appeal has rescheduled on December 4, 2020, at 9:30, in courtroom RC-18. 9:57 Comments by Mr. Mirzoian. 9:59 Mr. Mirzoian leaves the videoconference. Comments by the judge to counsel. 10:00 Conclusion of the hearing.

Mélahelle Sicotte, Clerk at the hearing JUDGMENT [ 1 ] The Applicant has made a motion for leave to appeal from his conviction, which was postponed to today’s date. [ 2 ] Meanwhile, his attorney has made a motion to cease representing him. [ 3 ] Neither the Applicant nor the Respondent contests the motion to cease representing.

The Applicant informs me that he has retained new counsel. [ 4 ] Further, the Respondent informs me that the Court of Quebec has ordered that the Applicant be examined to determine his fitness to stand trial. [ 5 ] In the circumstances, I will grant the motion to cease representing and postpone the motion for leave to appeal to December 4, 2020, to give the Applicant’s new attorney the chance to file an appearance and review the file, so that decisions can be made on how best to proceed with the file.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Applicant’s attorney’s motion to cease representing; [ 7 ] POSTPONES the Applicant’s motion for leave to appeal to December 4, 2020, at 9:30 am, in courtroom RC-18, to proceed by videoconference at the time fixed by the clerk. STEPHEN W. HAMILTON, J.A.