2023 QCCA 1122, 2023 QCCA 1122
Opinion
R. c. Zarow 2023 QCCA 1122 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007866-229 ( 500-01-208303-203 ) MINUTES OF HEARING WARNING : The trial court made an order under s. 486.4(1) Cr.C. directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE: September 1, 2023 THE HONOURABLE GUY COURNOYER, J.A.
APPELLANT COUNSEL HIS MAJESTY THE KING Mtre Julien Fitzgerald ( Director of Criminal and Penal prosecutions ) RESPONDENT COUNSEL Frederick Mark Zarow Mtre Rose-Mélanie Drivod ( Drivod Services Juridiques ) By videoconference DESCRIPTION: Application for transfer of exhibit under seal (Sections 32 and 33 of the Rules of the Court of Appeal of Quebec in Criminal matters ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:36 Commencement of the hearing. Identification of counsel. Exchanges between the parties.
9:37 Submissions by Mtre Fitzgerald. 9:39 Submissions by Mtre Drivod. 9:42 Reply by Mtre Fitzgerald. Exchanges between the parties. 9:49 BY THE JUDGE: Judgment – see page 3. Exchanges between the parties. 9:55 Conclusion of the hearing.
Mélanie Camiré, Clerk at the hearing JUDGMENT WARNING : The trial court made an order under s. 486.4(1) Cr.C. directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] The motion seeks to transfer an exhibit under seal from the Court of Quebec to this Court. [ 2 ] While there is a legal issue about the admissibility of the exhibit in the appeal, the motion itself is unopposed.
FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the motion for transfer of exhibit under seal; [ 4 ] ORDERS the registrar of the Court of Québec, Criminal and Penal Division to transfer Exhibit RD-9 of file 500-01-208303-203 under seal to the Montreal registry of the Court of Appeal; [ 5 ] DESIGNATES the director of the Montreal registry of the Court of Appeal as guardian of Exhibit RD-9 under seal and allows him to designate another guardian to fulfil this duty until a final decision is rendered in the appeal. GUY COURNOYER, J.A.
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