Larabie c. R. 2012 QCCA 726 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005117-120 ( 550-01-057939-110 ) MINUTES OF THE HEARING DATE: April 16, 2012 CORAM: THE HONOURABLE MARC BEAUREGARD, J.A. ALLAN R. HILTON, J.A. GUY GAGNON, J.A. PETITIONER YVAN LARABIE In person (via videoconference) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Jean Campeau (via videoconference) CRIMINAL AND PENAL PROSECUTING ATTORNEY ATTORNEY

" MOTION FOR EXTENSION OF TIME APPEAL" Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 14 h 01 Commencement of the hearing. 14 h 01 Representations by Mtre Campeau. 14 h 02 Submission by Mr. Larabie. 14 h 26 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 ] After having pleaded guilty to one count of driving while his blood alcohol level exceeded 80 milligrams in one hundred millilitres of blood pursuant to paragraph 253(1)

b) Cr.C ., Yvan Larabie seeks leave to appeal his conviction by being authorized to withdraw his guilty plea. [ 2 ] The essential basis of his motion is that he was unrepresented at the hearing at which he pleaded guilty, having been improperly denied legal aid.

[ 3 ] A review of the transcript of the hearing before the judge of the Court of Quebec and, in particular, beginning at pages 38 to 41, discloses that counsel for the Crown stated the circumstances that led to Mr. Larabie's arrest, which showed that he was taken to the police station after having been found to be driving erratically, and disclosed that he had blood alcohol levels at 100 and 103. When asked whether those facts were correctly described, he answered that they were by saying "c'est exact".

He was also asked whether a sentence of 2 years less a day would be appropriate in the circumstances, given the prior convictions he had had for similar matters, and he not only said "yes", but actually said to the judge "merci bien". [ 4 ] In such circumstances, despite the fact that Mr. Larabie had very evident difficulties in securing a legal aid mandate, if the Court was to allow his motion and allow his appeal to go forward, there is no basis in law whereby his appeal could possibly proceed. FOR THESES REASONS, THE COURT : [ 5 ] DISMISSES the motion. MARC BEAUREGARD, J.A. ALLAN R. HILTON, J.A.