2016 QCCA 1599, 2016 QCCA 1599

Chemama c. R. 2016 QCCA 1599 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005556-145, 500-10-006208-167 500-10-005357-130, 500-10-005444-136 (500-01-049364-109, 500-01-048577-107) MINUTES OF THE HEARING DATE: September 29, 2016 CORAM: THE HONOURABLE julie dutil , J.A. mark schrager , J.A. étienne parent , J.A. APPLICANT COUNSEL ERICH CHEMAMA Mtre PAUL SKOLNIK (as amicus curiae ) RESPONDENT COUNSEL the DIRECTOR OF THE REGIONAL RECEPTION CENTRE AT STE. ANNE-DES- PLAINES, QUEBEC Mtre claudia gagnon (Department of Justice Canada) IMPLEADED PARTIES COUNSEL THE ATTORNEY GENERAL OF QUEBEC Mtre PIERRE LATULIPPE (Bernard Roy) (Justice-Québec)

HER MAJESTY THE QUEEN Mtre ROBERT BENOIT ( Criminal and penal prosecuting attorney ) (Absent) DESCRIPTION : Application for an order that the applicant Chemama be permitted to have in his possession the materials required for his appeal pursuant to Rule 65 of the Rules of practice of the Court of Appeal in criminal matters. Clerk: Mihary Andrianaivo Courtroom: Pierre-Basile-Mignault HEARING 11:30 Continuation of the hearing of September 19, 2016. The Applicant, Mr. Chemama is appearing through videoconference. 11:31 Exchanges between the Court and the parties. 11:49 Recess. 11:57 Resumption of the hearing.

BY THE COURT: Judgment – See page 3. 12:02 End of the hearing. Mihary Andrianaivo Clerk BY THE COURT

JUDGMENT [ 1 ] Seeing the Application for an order that the Applicant Chemama be permitted to have in his possession the materials required for his appeal pursuant to Rule 65 of the Rules of Practice in Criminal Matters ; [ 2 ] Seeing the letter of August 22, 2016 from Mr. Martin Foucher, Acting Warden - Regional Reception Centre – Special Handling Unit, Ste-Anne-des-Plaines, addressed to Mtre Paul Skolnik, amicus curiae ; [ 3 ] Seeing the letter of Mtre Paul Skolnik to Mr.

Martin Foucher of August 31, 2016; [ 4 ] Seeing the affidavit of Mtre Michelle Bourbonnais, assistant director of Operations, Ste-Anne-des-Plaines, dated September 22, 2016; [ 5 ] Seeing the consent of Appellant at the hearing to the inspection of the boxes and the declaration that same be inspected by Mtre Skolnik and Mtre Gagnon; [ 6 ] Considering the interest of justice; [ 7 ] THE COURT GRANTS THE APPLICATION IN PART AND ORDERS THE RESPONDENT:

i) TO REPATRIATE by bailiff to the Montreal Reception Center in Ste-Anne-des-Plaines, Quebec, ten (10) boxes, the property of Applicant, previously sent to the following storage facility in the Toronto area, the whole no later than October 7, 2016: […., Thornhill, Ontario]; ii) TO GIVE access to Mtre Paul Skolnik on or before October 28, 2016, in the company of Mtre Claudia Gagnon at the said reception center to review the content of the said boxes to determine that which is necessary for Applicant to prepare appeal factums in the four record numbers herein and to segregate such material; iii) TO RETAIN the balance of the materials deemed unnecessary to the instant four appeals after review by Mtre Skolnik and Mtre Gagnon; iv) TO MAKE the relevant material available to Applicant in a room in the prison facility where he is detained containing a computer, cd-rom and external hard disk as well as a Criminal Code and other legal material referred to hereinafter and subject to the following:

a) Any cd-rom or hard disk not in a form acceptable according to prison security norms be transferred to acceptable cd-rom or hard disk and be made available to Applicant, at the expense of Respondent;

b) The said computer is to be connected to a printer which Applicant can use at his cost of $0.10 per page which cost includes ink;

c) Access to the said room to be two continuous hours in the morning and three continuous hours in the afternoon;

d) Criminal Code and statute materials as found in the

annexe to Martin’s Criminal Code are to be supplied to Applicant; [ 8 ] DECLARES the cost of repatriation of boxes from Toronto, including storage fees incurred and to be incurred, shipping and handling to be for the account of Respondent and ORDERS Respondent to pay same in a timely fashion; [ 9 ] DECLARES that the computer will not be connected to the internet in accordance with prison security norms; [ 10 ] DECLARES that Applicant can purchase legal books at his expense; [ 11 ] DECLARES that this order is made without limitation to Applicant’s right to request additional legal materials, library or inter- library loans and telephone communication in accordance with prison regulations.

JULIE DUTIL, J.A. MARK SCHRAGER, J.A. ÉTIENNE PARENT, J.A.