2021 QCCA 1224, 2021 QCCA 1224

Vdovin c. R. 2021 QCCA 1224 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500 -10-007597-212 ( 500-01-200958-202 ) MINUTES OF HEARING DATE: August 3, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPLICANT ANATOLIY VDOVIN Unrepresented By conference call RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MATHIEU LOCAS ( Directeur des poursuites criminelles et pénales ) By conference call On appeal from a judgment rendered on March 19, 2021 by the Honourable Danielle Côté of the Court of Québec, Criminal Division , District of Montréal .

DESCRIPTION: Amended motion to extend the time for appeal ( Section 678(2) Cr.C . ) Amended motion to appeal conviction Motion of the respondent to dismiss an appeal ( Section 685(2) Cr.C . ) Clerk at the hearing : Paola Garcia Rosario Courtroom: RC-18 HEARING

12:44 Commencement of the hearing. Identification of counsel. 12:46 Submissions by Mtre Locas. 13:01 Submissions by Mr. Vdovin. 13:10 Discussion between the Court and Mtre Locas. 13:11 Judgment – see page 3. 13:12 Conclusion of the hearing. Paola Garcia Rosario, Clerk at the hearing JUDGMENT [ 1 ] On March 19, 2021, a judge of the Court of Québec found Mr. Vdovin guilty of uttering a threat against (

section 264.1(1) (

a) Cr.C . ) and harassing ( section 264(1) Cr.C . ) a lawyer who had acted on his behalf in a criminal case. The Crown elected to proceed by way of

summary conviction on both offences. [ 2 ] On May 14, 2021, Mr. Vdovin filed before the Superior Court a motion to extend the time for appeal as well as a notice of appeal alleging that both verdicts were unreasonable. Two weeks later, he filed before this Court a motion to extend the time for appeal. He also filed a motion entitled “Motion to appeal conviction in case #500-01-200958-202”, which is to be treated as a motion seeking leave to appeal for present purposes. [ 3 ] In response, the Crown, invoking section 685(2) Cr.C . , filed a motion seeking the

summary dismissal of the appeal on the ground that this Court is without jurisdiction to entertain an appeal from

summary convictions. [ 4 ] The Crown is correct in stating that Mr. Vdovin cannot appeal the March 19, 2021 verdicts before this Court:

section 812 et seq. Cr.C . However, given that Mr. Vdovin’s motion to extend the time for appeal will be dismissed for lack of jurisdiction, there will be no need to make an order under section 685(2) Cr.C . FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] DISMISSES , for lack of jurisdiction, Mr. Vdovin’s motion seeking an extension of the time of appeal; [ 6 ] DISMISSES as moot Mr. Vdovin’s motion for leave to appeal the convictions entered on march 19, 2021; [ 7 ] DISMISSES as moot the Crown’s motion seeking the

summary dismissal of the appeal. FRÉDÉRIC BACHAND, J.A.