2016 QCCA 902, 2016 QCCA 902

Akpa c. R. 2016 QCCA 902 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006133-167 (500-01-067539-129) MINUTES OF THE HEARING DATE: May 24, 2016 THE HONOURABLE MANON SAVARD, J.A. PETITIONER ATTORNEY SAMUEL AKPA Mtre JACK HENDLER (Jack Y. Hendler, Avocat) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre JULIE PELLETIER ( Director of Criminal and Penal Prosecutions ) DESCRIPTION: Motion to extend the time for appeal ( Section 678(2) of the Criminal Code ) Clerk: Shirley Thomas Courtroom: RC-18

HEARING 9: 37 Commencement of the hearing. Identification of counsel. The motion is contested. Exchanges between the judge and the attorneys 9: 39 Representations by Mtre Pelletier. 9: 40 Exchanges between the judge and Mtre Hendler. 9: 42 By the judge: Judgment – see page 3. 9: 45 Conclusion of the hearing.

SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the motion to extend the time for appeal of the sentence rendered on March 17, 2016 by the honourable Christian Tremblay sitting in the Court of Quebec; [ 2 ] Considering section 678(2) Cr.C . ; [ 3 ] Considering that the respondent, rightly so, did not contest such motion to extend the time for appeal, and consented that the motion for leave to appeal against the sentence be referred to the Court in accordance with Rule 55 of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 4 ] Considering that the parties agreed to plead the file without briefs; [ 5 ] 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; the indictment; the sentence, including the reasons and the conclusion; the depositions from the sentencing hearing, if any; any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence; 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.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Petitioner’s motion to extend the time for appeal; [ 7 ] EXTENDS the delay for filing a motion for leave to appeal from a sentence; [ 8 ] AUTHORIZES the Petitioner to file his motion for leave to appeal from a sentence no later than May, 31 2016; [ 9 ] REFERS the motion for leave to appeal from a sentence to the Court; [ 10 ] PLACES the case on the role of December 9, 2016, in room Lamer at 9:30am, to be pleaded without briefs for a hearing of 60 minutes of duration (30 minutes each); [ 11 ] ORDERS the Petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than August 26, 2016, five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 12 ] ORDERS the Respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than October 21, 2016, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length; [ 13 ] DIRECTS the parties’ attention to the Practice Direction G-3 of May 20, 2016, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key.

MANON SAVARD , J.C.A.