Rose c. R. 2023 QCCA 578 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007996-232 ( 500-01-174340-189 ) MINUTES OF HEARING WARNING : The trial court made an order under s. 486.4(1) Cr.C. directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way.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: April 26, 2023 THE HONOURABLE MARTIN VAUCLAIR, J.A.

APPLICANT COUNSEL Andre BrYan Rose Mtre Andrew Burgess By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre JEAN-PHILIPPE MACKAY ( Director of Criminal and Penal prosecutions ) DESCRIPTION: Motion to extend the time for appeal (Art. 678(2) Cr.C. ) . Motion for release from prison (Art. 679(1) Cr.C. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 11:02 Commencement of the hearing. Identification of counsel. Preliminary comments. BY THE JUDGE: Judgment on the Motion to extend the time for appeal – see page 3. 11:03 Submissions by Mtre Burgess on the Motion for release.

11:18 Submissions by Mtre Mackay. 11:49 Reply by Mtre Burgess. 11:25 The judge addresses to the parties. Exchanges between the parties and the judge. BY THE JUDGE: The motion for release is taken under advisement. 12 :01 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT WARNING : The trial court made an order under s. 486.4(1) Cr.C. directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. The Motion to Extend Time to Appeal [ 1 ] The appellant filed a motion for an extension of time to appeal.

This motion is not contested. The evidence in the record indicates that the appellant almost immediately after the verdict, wished to appeal the judgment. The appellant resided in Etobicoke, Ontario, and obtained advice from a lawyer in that province where the practice is that the 30-day appeal period begins after sentencing. This explains the inaction of the appellant for more than 9 months since the verdict and the Crown’s consent on the motion. The Crown has no other issue with the motion. The motion is thus granted.

THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion to extend time to appeal; [ 3 ] NOTES that the notice of appeal is filed. MARTIN VAUCLAIR, J.A.