2013 QCCA 1029, 2013 QCCA 1029

Boulianne c. R. 2013 QCCA 1029 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005422-132 (505-01-069521-074) MINUTES OF THE HEARING DATE: May 30, 2013 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER ATTORNEY JOËL BOULIANNE Me Léonard Waxman WAXMAN DORVAL PERRON DEL NEGRO RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Me Daniel Royer DIRECTEUR DES POURSUITES CRIMINELLES ET PÉNALES MOTION FOR LEAVE TO APPEAL FROM A SENTENCE Clerk: Asma Berrak Court Room: RC.18

HEARING 9 h 29 : Commencement of the hearing. 9 h 29 : The motion is not contested and the parties were advised that their presence in Court is not required. 9 h 30 : Judgment-see page 3. 9 h 30 : End of the hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] Considering the motion for leave to appeal against the sentence rendered on May 6, 2013 by the honourable Pierre Bélisle sitting in the Quebec Court ; [ 2 ] Considering that the motion for leave to appeal the sentence should be referred to the Court in accordance with Rule 55 of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 3 ] Considering Rules 56, 57, 58 and 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follows: 56(2). Timetable .

In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default . If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal. 57. Documents.

The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed.

58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented.

The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2).

A judge may order that an argument be prepared when the issues raised by the appeal so warrant. [ 4 ] FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] REFERS the motion for leave to appeal the sentence to the bench that will hear the appeal on the condemnation; [ 6 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court, five copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length in the same delays as the file 500-10-005190-127; [ 7 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length in the same delays as the file 500-10-005190-127.

YVES-MARIE MORISSETTE, J.A.