2017 QCCA 162, 2017 QCCA 162

Smith c. R. 2017 QCCA 162 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005664-147 (500-01-043096-103) MINUTES OF THE HEARING DATE: January 30, 2017 CORAM: THE HONOURABLE paul vézina , J.A. mark schrager , J.A. robert m. mainville , J.A.

APPELLANT COUNSEL TERRELL LLOYD SMITH Mtre MARIA VIVAS RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MAUDE PAYETTE (Directeur des poursuites criminelles et pénales) IMPLEADED PARTY BUREAU REPIQUAGE ET TRANSCRIPTION DESCRIPTION : Motion to annul the declaration of abandonment Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 15 :08 Beginning of the hearing. 15:08 Representations by Mtre Vivas. 15:09 Mtre Payette asks that the appeal be joined with the appeals in files 500-10-005662-141 and 500-10-005663-149 15:10 By the Court : judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] On May 2 nd , 2014, the Applicant and two other accused individuals were found guilty of murder. Appeals from these convictions were filed for each accused. [ 2 ] On January 6, 2015, a judge of the Court ordered the joinder of the three (3) appeals ( 2015 QCCA 4 ). The judge also ordered a single set of transcripts of the trial for all three appeals.

[ 3 ] On April 4 th , 2016, the Court declared the three appeals closed from lack of progress in the files ( 2016 QCCA 610 ). [ 4 ] On November 17 th , 2016 ( 2016 QCCA 1826 ) and December 12, 2016 ( 2016 QCCA 2056 ), the Court set aside the declarations of abandonment with respect to the two other appeals and remitted the matter to case management. [ 5 ] The Applicant now seeks to set aside the declaration of abandonment of his appeal. [ 6 ] The difficulties in prosecuting these appeals appears to result from delays in the preparation of the trial transcripts caused by lack of resources with respect to bilingual official stenographers with the Ministry of Justice. [ 7 ] In light of the delays which appear to result from this lack of resources, the Court expects this matter to be dealt with promptly within the framework of the case management meeting presently scheduled before Justice Vauclair on February 2 nd , 2017.

FOR THESE REASONS, THE COURT: [ 8 ] WAIVES the timelines for submitting the motion. [ 9 ] GRANTS in part the applicant’s Motion to annul the declaration of abandonment. [ 10 ] ANNULS the declaration of abandonment pronounced in the Applicant’s appeal on April 4 th , 2016. [ 11 ] ORDERS the joinder of this appeal with the appeals in files 500-10-005662-141 and 500-10-005663-149. [ 12 ] REMITS the file to case management. PAUL VÉZINA, J.A. MARK SCHRAGER, J.A. ROBERT M. MAINVILLE, J.A.