R. c. Burnsed 2023 QCCA 1142 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No.: 200-10-003969-222 (105-01-002388-218) MINUTES OF THE HEARING WARNING : The trial court made an order under s. 486.5 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 directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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 12, 2023 PANEL: THE HONOURABLE YVES-MARIE MORISSETTE J.A. JOCELYN F. RANCOURT J.A. CHRISTINE BAUDOUIN J.A. APPELLANT COUNSEL HIS MAJESTY THE KING Mtre MAXIME ROCHEVILLE-PARADIS (Director of Criminal and Penal Prosecutions) RESPONDENT COUNSEL ROBERT BURNSED ARIANE CAYER (Cavanagh & Lacroix Avocats)

On appeal from a judgment rendered on March 4, 2022 by the Honourable Celestina Almeida of the Court of Québec, district of Bonaventure.

DESCRIPTION : Pointing a firearm – Armed assault (2 counts) – Assault – Making threats (acquittal) Clerk at the hearing: Alexandra Fortin Courtroom: 4.33 - videoconference HEARING 11:18 Calling of the file and identification of the parties; 11:19 Submissions of Mtre Rocheville-Paradis; Discussion between the Court and Mtre Rocheville-Paradis; Mtre Rocheville-Paradis continues; 11:37 Submissions of Mtre Cayer; Discussion between the Court and Mtre Cayer; Mtre Cayer continues; 11:53 Mtre Rocheville-Paradis states that he has no reply to make; 11:54 Recess of the hearing; 12:02 Resumption of the hearing; 12:03 Judgment; 12:05 End of the hearing.

Alexandra Fortin, Clerk at the hearing JUDGMENT WARNING : The trial court made an order under s. 486.5 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 directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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 ] We are unanimously of the view that this is not an appeal which warrants the review of the verdict of acquittal rendered below. The grounds raised by the appellant are essentially factual in nature and we are invited to review the whole of the evidence without any

more precise or specific indication of what in the findings made below would amount to a palpable and overriding error. This is the standard applicable at this stage of the process and under these conditions, we are of the view that the appeal must be dismissed. FOR THESE REASONS, THE COURT: [ 2 ] DISMISSES the appeal. YVES-MARIE MORISSETTE, J.A. JOCELYN F. RANCOURT, J.A. CHRISTINE BAUDOUIN, J.A.