Bain c. R. 2017 QCCA 163 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006323-164 (500-01-078085-120) MINUTES OF THE HEARING DATE: January 31, 2017 THE HONOURABLE MANON SAVARD, J.A. PETITIONER COUNSEL RICHARD HENRY BAIN Mtre ALAN GUTTMAN (Guttman & Marier) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre DENNIS GALIATSATOS (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for leave to appeal against the sentence rendered on November 18, 2016 by the Honourable Guy Cournoyer of the Superior Court, District of Montreal Clerk: Adam Scott Courtroom: RC.18

HEARING 9:32 Commencement of the hearing. Identification of counsel. Representations by counsel. BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Adam Scott Clerk BY THE JUDGE JUDGMENT [ 1 ] Given the notice of appeal regarding the parole ineligibility period filed by the Petitioner under Section 675(2) Cr.C. ; [ 2 ] Given the motion for leave to appeal the life sentences for the counts of attempted murder under Section 675(1)

b) Cr.C. ; [ 3 ] Given that the Respondent does not contest the motion for leave to appeal regarding the counts of attempted murder, without prejudice to the right to contest the sentence appeal on its merits, as noted in the « Notice to the AppelLant-Accused of the Respondent’s intent to request that the Court of Appeal increaseS the sentence »; [ 4 ] Given that both parties agree that the appeal and the motion for leave to appeal should not be heard on the basis of the fast track procedure, but should be adjudicated with factums to be filed in accordance with the Rules of the Court of Appeal; [ 5 ] Given that, in these circumstances, the appeal and the motion for leave to appeal will not be heard on the basis of the fast track procedure; FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] DEFERS the motion for leave to appeal to the bench of the Court who will hear the appeal under Section 675(2) Cr.C.

MANON SAVARD , J.A.