2023 QCCA 394, 2023 QCCA 394

David c. R. 2023 QCCA 394 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-700047-226 ( 500-01-212269-200 ) MINUTES OF HEARING DATE: March 20, 2023 THE HONOURABLE MANON SAVARD, C.J.Q. APPLICANT COUNSEL Calvin John David Mtre Véronique Talbot ( Véronique Talbot Avocate ) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Julien FITZGERALD. ( Director of Criminal and Penal Prosecutions ) DESCRIPTION: Motion to extend the time limit for an appeal ( Section 678(2) of the Criminal Code ) Motion to appeal a

summary conviction as if it had been a conviction in proceedings by indictment ( Section 675(1.1) of the Criminal Code ) Motion for the consolidation of files Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:49 Commencement of the hearing. Identification of counsel. Preliminary remarks by the Chief Justice. 9:51 Discussion between the Chief Justice and Mtre Talbot. 9:52 Submissions by Mtre Talbot.

9:53 Discussion between the Chief Justice and Mtre Fitzgerald. 9:55 BY THE CHIEF JUSTICE : Judgment – see page 3. 9:56 Discussion between the Chief Justice and Mtre Talbot. 9:57 Conclusion of the hearing.

Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] Considering that the Notice of Appeal from convictions on a question of law was filed electronically within 30 days of the judgment under appeal; [ 2 ] Considering that the filing of the Notice of Appeal was refused because it did not comply with the rules of the Court; [ 3 ] Considering that the appellant acted diligently in filing his motion to extend the time limit ( s. 678(2) Cr.C . ) after having been informed of the refusal by the clerk's office; [ 4 ] Considering that the respondent consents to all of the motions filed by the appellant; [ 5 ] Considering that the convictions the appellant wishes to appeal in the present file resulted from the same facts and were rendered by the same judge on the basis of the same evidence as the convictions already on appeal before the Court in file 500-10- 007906-223 and considering that they resulted in a single judgment which was rendered after a common hearing, and which imposed penalties for all of the offences; [ 6 ] Whereas the grounds of appeal against the convictions in both files are identical on all counts; [ 7 ] I conclude that the legislative intent of s. 675 (1.1) Cr.C . has been met and that it is in the interests of justice that the appeals from convictions in both files be heard by the same panel of the Court.

FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the motion to extend the time limit for an appeal; [ 9 ] GRANTS the motion under s. 675(1.1) Cr.C . ; [ 10 ] AUTORIZES the filing of the Notice of Appeal dated December 22, 2022, which Notice to Appeal is attached as

Schedule 4 to the motion to extend the time limit for an appeal and is deemed to have been duly filed before the Court as of today; [ 11 ] ALLOWS the joinder of files 500-10-007096-223 and 500-10-7000047-226, which will be subject to the same timetable for the filing of the briefs. MANON SAVARD, C.J.Q.