2022 QCCA 904, 2022 QCCA 904
Opinion
Wang c. Director of Criminal and Penal Prosecutions 2022 QCCA 904 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-700020-223 (550-36-000056-224) DATE: June 21, 2022 BEFORE THE HONOURABLE GUY COURNOYER, J.A. ZHAO HUI WANG APPLICANT – Applicant v.
DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS RESPONDENT – Respondent JUDGMENT [ 1 ] The applicant seeks leave to appeal from a decision rendered on March 17, 2022 (transcribed on April 5, 2022) by the Superior Court (the Honourable Madam Justice Catherine Mandeville), upholding a decision of the Court of Québec rendered on December 22, 2021, [1] pursuant to s. 47 of the Animal Welfare and Safety Act , CQLR, c. B-3.1 . [ 2 ] This case raises issues surrounding the scope of s. 47 of the Animal Welfare and Safety Act , CQLR, c.
B-3.1 , and its application to the seizure and disposition of animals. [ 3 ] Additionally, the jurisdiction of both our Court pursuant to art. 291 of the Code of Penal Procedure (“ CPP ”) and the Superior Court pursuant to art. 266(6) of the CPP may have to be considered in view of the recent decision of the Court in Autorité des marchés financiers c.
Baazov . [2] [ 4 ] Since the application for leave to appeal raises a potential question regarding the jurisdiction of the Court, it is appropriate to refer the application to the panel of this Court that will hear the appeal. [ 5 ] The briefs to be filed by the parties, not exceeding 40 pages, will address the jurisdiction of the Court and the Superior Court, the application for leave to appeal and the merits of the appeal.
FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] REFERS the application for leave to appeal to a panel of this Court; [ 7 ] ORDERS the parties to file briefs not exceeding 40 pages within the prescribed time limits and in the form set out in the Code of Penal Procedure and the Regulation of the Court of Appeal of Quebec in Penal Matters ; [ 8 ] DENIES the motion to suspend the provisional execution of the judgment; [ 9 ] COSTS to follow. GUY COURNOYER, J.A.
Mtre Alan Ovadia Mtre Anne-France Goldwater GOLDWATER, DUBÉ For the Applicant Mtre Josiane Larose DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS For the Respondent Date of hearing: May 10, 2022
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