2019 QCCA 835, 2019 QCCA 835

Chemama c. R. 2019 QCCA 835 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-10-003561-185 and al. [1] MINUTES OF THE HEARING DATE: May 7, 2019 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. (JD1739) SIMON RUEL, J.A. (JR1676) MICHEL BEAUPRÉ, J.A. (JB4651) APPELLANT ATTORNEY ERICH CHEMAMA IN PERSON RESPONDENTS ATTORNEYS HER MAJESTY THE QUEEN Mtre MARIANNA FERRARO (Director of Criminal and Penal Prosecutions) ATTORNEY GENERAL OF CANADA Mtre DOMINIQUE GUIMOND (Department of Justice Canada) DESCRIPTION: 1. Quarrelsome Conduct; 2. Application to declare the appellant a vexatious litigant (Section 51 and subs. C.P.P.,

section 13 and subs. of the Civil Practice Regulation (Court of appeal) and

section 81 of the Rules of the Court of Appeal of Quebec in Criminal Matters ).

Clerk: Lauriane Lavoie (TL4250) Court Room: 4.33 – Videoconference OTHER LAWYERS PRESENT AT THE HEARING: Mtre Paul Skolnik, Amicus Curiae (Paul Skolnik, Avocat) Mtre Julien Bernard, Attorney General of Québec (Bernard, Roy) HEARING 14 h 08 The Court is addressing the parties; The Court is addressing Mtre Skolnik; 14 h 11 Submissions of Mtre Guimond concerning the application to declare Mr. Chemama a vexatious litigant; Discussion between the Court and Mtre Guimond; Mtre Guimond continues; 14 h 16 Mtre Guimond files a book of authorities; 14 h 20 Mtre Guimond asks for an order preventing Mr.

Chemama to institute new proceedings or file proceedings in existing files without consent of the Court, both in civil and criminal matters, directly or indirectly and including subpoenas; 14 h 21 Submissions of Mtre Skolnik; 14 h 27 Discussion between the Court and Mtre Skolnik; Mtre Skolnik continues; 14 h 54 Discussion between the Court and Mtre Skolnik; 15 h 00 Submissions of Mr. Chemama; Discussion between the Court and Mr. Chemama; Discussion between the Court and Mtre Skolnik; Mtre Skolnik asks to the Court to speak privately with Mr.

Chemama; 15 h 05 Suspension authorized by the Court; 16 h 11 Resumption; 16 h 13 Discussion between the Court and Mtre Skolnik; The Court waits for Mr. Chemama; 16 h 19 Mr. Chemama comes back; Discussion between the Court and Mr. Chemama; Submissions of Mr. Chemama, adressing other motions; 16 h 20 The Court declares that the only motion to be heard will be that of the Attorney General of Canada. Mr. Chemama is asked to explain why he should not be declared a vexatious litigant; Mr. Chemama continues; The Court explains to Mr.

Chemama that the judges want to hear him on why he shouldn't be declared vexatious litigant; Mr. Chemama continues ; 16 h 31 The Court repeats to Mr. Chemama that the judges want him to explain why he should not be declared a vexatious litigant; 16 h 35 Mr. Chemama continues; Discussion between the Court and Mr. Chemama; 16 h 41 Decision; 16 h 47 End of the hearing. (

s) Court Clerk

BY THE COURT JUDGMENT [ 1 ] The allegations in the Attorney General of Canada’s motion and the records of the Court of Appeal amply demonstrate that Mr. Erich Chemama is to be considered a vexatious litigant. So do the proceedings today. [ 2 ] After requesting a brief pause to converse with the Amicus Curiae, Mr. Chemama first refused to return to court.

When he finally did, having been informed that the Court would continue the hearing in his absence, he was repeatedly invited to tell the Court why he should not be declared a vexatious litigant, but chose instead to retell past events that are not even contemplated by current proceedings. [ 3 ] Mr.

Chemama insisted that the purpose of the hearing is to deprive him of his rights, while having been duly informed that such purpose is simply to make sure that future proceedings will be vetted before he is allowed to file them with the Court, for the benefit of those waiting for a hearing date while he takes up the time of the Court with meritless applications.

FOR THESES REASONS, THE COURT: [ 4 ] DECLARES that Erich Chemama is a vexatious litigant in this Court with respect to all opposing parties and all counsel in all existing files in this Court and any future files; [ 5 ] ORDERS Erich Chemama, acting for himself or having his interests represented by someone else, not to directly or indirectly institute or file in the Court of Appeal any judicial proceedings of any nature and not to deliver any subpoena without having first obtained prior authorization from the Chief Justice of the Quebec Court of Appeal or from a judge the Chief Justice designates for such purpose, except for the proceedings mentioned in paragraphs 26 and 27 of the judgment of the Court of November 26, 2019 in Correctional Services of Canada c.

Chemama , 2018 QCCA 2004 ; [ 6 ] ORDERS that any future proceedings filed by Erich Chemama shall not exceed 10 pages unless a judge orders otherwise; [ 7 ] ORDERS the Clerk of this Court not to accept the filing of any proceeding from Erich Chemama, acting for himself or having his interests represented by someone else, until the filing of such proceedings has been authorized in writing by the Chief Justice of the Court of Appeal or a judge she has designated; [ 8 ] DIRECTS the Clerk of the Court not to distribute any correspondence or emails from Erich Chemama to any of the judges of this Court to whom they are addressed, but otherwise to deal with them in such manner as may be considered appropriate, without the necessity of acknowledging receipt or answering same; [ 9 ] PROHIBITS Erich Chemama from communicating directly or indirectly with the Chief Justice, the judges of this Court, excepting the judge designated to deal with his authorization requests, and any member of the personnel of the Court, excepting the assistant of the judge designated as aforesaid. [ 10 ] ORDERS Erich Chemama to communicate any legitimate correspondence (namely correspondence pertaining to a matter already authorized or being submitted for authorization by the Chief Justice or a judge designated by the Chief Justice for this purpose) only through the email address of the Court ( courdappelmtl@judex.qc.ca or courdappelqc@judex.qc.ca ) or by fax 514 864-7270 or 418 646-6961). [ 11 ] DESIGNATES Mtre Paul Skolnik as Amicus Curiae to the Court of Appeal and/or to the judge of the Court of Appeal designated as abovementioned for the purposes of vetting authorization requests concerning new proceedings contemplated by Erich Chemama, or such other purpose as Me Skolnik deems worthy of the attention of the Court.

Only proceedings so vetted will be submitted to the Chief Justice or the judge designated by her. [ 12 ] AUTHORIZES Mtre Skolnik, as Amicus Curiae, to communicate with Attorney Brodsky to ascertain his willingness to act on behalf of Mr. Chemama in any pending or duly authorized proceedings before this Court at a tariff to be negotiated between Mr. Brodsky and the Quebec Justice Department.

NICOLE DUVAL HESLER, C.J.Q. SIMON RUEL, J.A. MICHEL BEAUPRÉ, J.A.

APPENDIX 1 200-10-003561-185; 500-10-005070-121; 500-10-005248-123 ; 500-10-005249-121 ; 500-10-005251-127 ; 500-10-005312-127 ; 500-10- 005313-125 ; 500-10-005314-123 ; 500-10-005356-132 ; 500-10-005357-130; 500-10-005444-136 ; 500-10-005453-137; 500-10-005555- 147; 500-10-005556-145; 500-10-005660-145; 500-10-005897-150; 500-10-005898-158; 500-10-005899-156; 500-10-005920-150; 500-10-005943-152; 500-10-005944-150; 500-10-005945-157, 500-10-005968-159; 500-10-005969-157; 500-10-006080-160; 500-10- 006088-163; 500-10-006117-160; 500-10-006119-166; 500-10-006144-164; 500-10-006145-161; 500-10-006208-167; 500-10-006223- 166; 500-10-005633-142 ; 500-10-005634-140 ; 500-10-005866-155; 500-10-005900-152 ; 500-09-025963-166 ; 500-10-006884-181 ; 500-10-006973-190