R. c. Simiunie 2021 QCCA 754 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-10-003734-204 (635-01-018536-194) MINUTES OF HEARING DATE: May 3, 2021 PANEL: THE HONOURABLE YVES-MARIE MORISSETTE J.A. SUZANNE GAGNÉ J.A. SOPHIE LAVALLÉE J.A. APPELLANT COUNSEL HER MAJESTY THE QUEEN Mtre ANNIE-CLAUDE BRETON (Director of Criminal and Penal Prosecutions) RESPONDENT COUNSEL JOE SIMIUNIE UNREPRESENTED On appeal from a judgment rendered on January 7, 2020 by the Honourable Marc Ouimette of the Court of Québec, District of Abitibi.

DESCRIPTION : Rule 75 R.C.A.Q.C.M. Clerk at the hearing: Alysson Roussel Courtroom: 4.33 - videoconference HEARING 9:32 Calling of the file and identification of the parties; The Court asks Mr. Simiunie if he has found a lawyer yet, Mr. Simiunie declares that his lawyer was supposed to be in attendance at the present hearing; 9:33 Discussion between the Court and Mtre Breton. Mtre Breton declares that Mtre Steve Hanafi received the minutes of the hearing of March 8, 2021 but didn’t contact her in any way; 9:34 Recess of the hearing; 9:39 Resumption of the hearing; 9:40 Judgment; 9:40 End of the hearing.

Alysson Roussel, Clerk at the hearing JUDGMENT [ 1 ] We are unanimously of the view that this matter has been in abeyance long enough and that at this stage the respondent must be declared foreclosed from pleading. This said, the respondent will not be precluded from offering oral representations on the substance of the appeal at the hearing, through counsel if he is then represented, or in person if he is not. FOR THESE REASONS, THE COURT: [ 2 ] DECLARE the respondent foreclosed from pleading. YVES-MARIE MORISSETTE J.A.