2014 QCCA 896, 2014 QCCA 896

Chemama c. R. 2014 QCCA 896 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005070-121, 500-10-005313-125, 500-10-005314-123, 500-10-005356-132, 500-10-005357-130, 500-10-005444-136) ( 500-01-049364-109, 500-36-006319-126, ) MINUTES OF THE HEARING DATE: April 28, 2014 CORAM: THE HONOURABLE FRANÇOIS DOYON, J.A. PAUL VÉZINA, J.A. GUY GAGNON, J.A. APPELLANT ATTORNEY ERICH CHEMAMA In person (by visioconference) Mtre Daniel Brodsky (by telephone conference) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Matthew Ferguson Criminal and penal prosecuting attorney Mtre Julien Bernard Direction générale des aff. jur. et légis. Bernard Roy (Justice-Québec)

Motions and appeals placed on the roll pursuant to ss. 79 and 97 of the Rules of the Court of Appeal in Criminal Matters Clerk: Nadia Samy Courtroom: Pierre-Basile-Mignault HEARING 9:31 Commencement of hearing. Mtre Jean Desjardins from the Commission des services juridiques is present. 9:32 Submissions by Mtre Brodsky. 9:33 Submissions by Mtre Desjardins. 9:37 Submissions by Mtre Fergusson. 9:38 Submissions by Mtre Bernard. 9:41 Discussion between Justice Doyon and Mr. Chemama. 9:43 Comments by Mtre Brodsky. 9: 47 Recess. 9:55 Resumption. 9:55 Judgment – see page 3.

The motions (500-10-005357-130, 500-10-005356-132, 500-10-005556-145) shall be heard with the notices ss. 79 and 97 of the Rules of the Court of Appeal in Criminal Matters, on June 6, 2014, at 2 p.m. in Courtroom Lamer. 9:58 Comments by Mr. Chemama. 9:59 End of hearing.

Nadia Samy Clerk BY THE COURT JUDGMENT [ 1 ] Counsel advised the Court that they could not reach an agreement concerning the fees that would be paid to Mtre Brodsky by the Legal Aid should he be appointed as Counsel for the Appellant under s. 684 Cr.C . [ 2 ] Mtre Desjardins, for the Legal Aid, informed the Court that, according to s. 45 of the Agreement between the Minister of Justice

and the Barreau du Québec Respecting the Tariff of Fees and Expenses of Advocates Rendering Services in Criminal and Penal Matters (the Tariff ), the fees are fixed at $800 for the hearing in appeal, with a maximum of 4 preparation periods remunerated in the amount of $275 each. Special considerations might be paid as well, but only after the hearing, with no assurance that the amount would be paid.

Mtre Brodsky, who is a member of the Law Society of Upper Canada, declined such fees due to the complexity of the appeals lodged by the Appellant. [ 3 ] For these reasons, the Court will proceed with the hearing of the Appellant’s application for appointment of Counsel on a date that will be fixed as soon as possible.

The notices according to ss. 79 and 97 of the Rules of the Court of Appeal in Criminal Matters are postponed pro forma to the same date. [ 4 ] In the meantime, and no later than two weeks from today, Mtre Desjardins will advise the Court, in writing, with copies to all other parties, of the Commission des Services juridiques’

interpretation of s. 45 of the Tariff , i.e. whether it applies to each appeal individually or to all of them, collectively. [ 5 ] Finally, the Court considers the letter signed by the Appellant and dated April 24, 2014, as a fresh application for appointment of Counsel. FRANÇOIS DOYON, J.A. PAUL VÉZINA, J.A. GUY GAGNON, J.A.