2023 QCCA 1469, 2023 QCCA 1469

R. c. Wang 2023 QCCA 1469 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008085-233 ( 550-01-109896-193 SEQ. 002) MINUTES OF HEARING DATE: November 22, 2023 THE HONOURABLE MARK SCHRAGER, J.A. APPLICANT COUNSEL HIS MAJESTY THE KING Mtre ISABELLE MICHAUD ( Director of Criminal and Penal Prosecutions ) By videoconference RESPONDENT Yuan Wang ABSENT AND UNREPRESENTED DESCRIPTION: Motion for leave to appeal from a sentence imposed on September 8, 2023 by the Honourable Rosemarie Millar of the Court of Quebec, Criminal and Penal Division , District of Gatineau (s. 676(1)

d) Cr.c. and 23 and following R.C.A.Q.C.M. ). Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING

10:15 Commencement of the hearing. Identification of counsel. Preliminary remark by the judge. Mrs. Wang is not present for the hearing. Discussion between the judge and Mtre Michaud regarding the appeal. 10:22 Mrs. Wang has been called on the intercom without success. 10:23 BY THE JUDGE: Judgment – see page 3. 10:25 Conclusion of the hearing. Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] The Crown as petitioner seeks leave to appeal the judgment on sentence of the Court of Québec, District of Gatineau (the Honourable Rosemarie Millar) of September 8, 2023, because the judge in issuing a restitution order under s. 738

(1) a) Cr.C . omitted to establish a date for the payment or alternatively dates for the instalment payments (as required pursuant to s. 739.2 Cr.C . ). [ 2 ] Though duly served, the respondent did not attend the hearing. [ 3 ] There appears an error of law in the judgment requiring correction.

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the application for leave to appeal; [ 5 ] GRANTS leave to appeal the judgment of the Court of Québec (the Honourable Rosemarie Miller) of September 8, 2023 in the case number 550-01-109896-193; [ 6 ] DECLARES that the application for leave serves as the notice of appeal; [ 7 ] SCHEDULES the appeal for a hearing on May 3 rd , 2024 , in courtroom Pierre-Basile Mignault , at 9:30 a.m., for a duration of 60 minutes, namely 30 minutes for the appellant and 30 minutes for the respondent; [ 8 ] ORDERS the appellant, after notification to the respondent, to file with the Office of the Court, no later than January 16 th , 2024 , five copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and, if applicable, an argument of no more than 10 pages ; [ 9 ] ORDERS the respondent, after notification to the appellant, to file with the Office of the Court, no later than March 5 th , 2024 , five copies of an argument of no more than 10 pages ; [ 10 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single-spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 11 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 12 ] ALLOWS the respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the appellant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 13 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 14 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M .

MARK SCHRAGER, J.A.