2020 QCCA 1413, 2020 QCCA 1413

Chandroo c. R. 2020 QCCA 1413 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-007412-206 ( 500-01-166446-184 , 500-01-175985-180, 500-01-195622-193) MINUTES OF HEARING DATE : October 30, 2020 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPLICANT COUNSEL Richard Chandroo Mtre Fanie Lacroix By videoconference RESPONDENT COUNSEL her majesty the queen Mtre Robert Benoit ( Director of Criminal and penal prosecutions ) By videoconference DESCRIPTION : Motion for leave to appeal from a sentence imposed on September 15, 2020 by the Honourable Salavator Mascia of the Court of Québec , District of Montréal (Art. 675

(1) b) C.cr. ) . Court Clerk : Mélanie Camiré Salle : RC-18 HEARING 9 h 26 Commencement of the hearing. Identification of counsel. Preliminary comments. 9 h 27 Exchanges between the judge and counsel. BY THE JUDGE : Judgement – see page 3. 9 h 28 Conclusion of the hearing.

Mélanie Camiré, Court Clerk JUDGMENT [ 1 ] The Applicant files a motion for leave to appeal from the sentence rendered on September 15th, 2020, by the honourable Salvatore Mascia from the Court of Quebec, district of Montreal. [ 2 ] On July 7th, 2020, the Applicant appealed from his conviction in file 500-10-007359-209. [ 3 ] The parties agree that the motion for leave to appeal from the sentence should be referred to the panel of the Court hearing the appeal from conviction, in accordance with

Section 58 of the Rules of the Court of Appeal of Quebec in Criminal Matters, and that the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure.

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] REFERS the motion for leave to appeal from the sentence to the panel of the Court hearing the appeal from the conviction in file 500-10-007359-209; [ 5 ] DECLARES that the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure; [ 6 ] REFERS the file to the Master of the Rolls to determine the date of the hearing on the sentence of 60 minutes in duration (30 minutes for the Applicant; 30 minutes for the Respondent), on the same date as the hearing of the Applicant’s appeal from his conviction in file 500-10-007359-209. [ 7 ] ORDERS the Applicant, after notification to the Respondent, to file with the Office of the Court five copies of the documents mentioned in

Section 60 R.C.A.Q.C.M., and an argument of no longer than 10 pages at the same time as he files his brief in the appeal from conviction in file 500-10-007359-209; [ 8 ] ORDERS the Respondent, after notification to the Applicant, to file with the Office of the Court five copies of an argument of no longer than 10 pages at the same time as it files its brief in the appeal from conviction in file 500-10-007359-209; [ 9 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M., to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single- spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 10 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 11 ] ALLOWS the Respondent, as provided by the second paragraph of

Section 60 of the R.C.A.Q.C.M., to notify the duly completed questionnaire to the Applicant and file fives copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 12 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M.); [ 13 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M.). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M STEPHEN W. HAMILTON, J.C.A.