2016 QCCA 2056, 2016 QCCA 2056

Gabriel c. R. 2016 QCCA 2056 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005662-141 (500-01-043096-103) MINUTES OF THE HEARING DATE: December 12, 2016 CORAM: THE HONOURABLE LOUIS ROCHETTE , J.A. JACQUES J. LEVESQUE , J.A. MARTIN VAUCLAIR , J.A.

APPELLANT COUNSEL KYLE GABRIEL Mtre GEORGE CALARITIS (Me George Calaritis, avocat) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MAUDE PAYETTE (Criminal and Penal Prosecuting Attorney) IMPLEADED PARTY BUREAU REPIQUAGE TRANSCRIPTION DESCRIPTION : Motion to annul the declaration of abandonment (Article 79 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9 :41 Commencement of the hearing. Identification of counsel. 9:41 Submissions by Mtre Calaritis. 9:45 Submissions by Mtre Payette. 9:46 By the Court: judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] On May 2 nd 2014, Appellant and two coaccused were found guilty of murder. [ 2 ] On June 2 nd 2014, appeals for each accused were filed. [ 3 ] On January 6, 2015, the Court of Appeal ordered the joinder of the three appeals (500-10-005662-141, 500-10-005663-149 and 500-10-005664-147). It also ordered a single set of transcripts for all files: 2015 QCCA 4 .

[ 4 ] There was some confusion amongst counsel so that the request for transcripts was delayed. It seems, however, that the order of the Court was not sufficient to initiate the process. It was not until May 2015 that stenographers were assigned to the file. According to a letter from the office of the Minister of Justice, only seven (7) bilingual stenographers accept to transcribe English trials for the Province. [ 5 ] Between May 2015 and April 4, 2016, only 28 out of 114 days were transcribed.

Following abandonment of the appeals, on April 4, 2016, stenographers stopped their work. [ 6 ] On November 7, 2016 the Court granted a similar motion in the appeal file of Carey Isaac Regis, no. 500-10-005663-149, reactivated the appeal and remitted the file to case management. Thus, it is assumed that stenographers have resumed their task as of that date. [ 7 ] In the file of Terrell Lloyd Smith v. The Queen , no. 500-10-005664-147, the appeal was also declared abandoned and it is not affected by the present motion.

FOR THOSE REASONS, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] ANNULS the declaration of abandonment pronounced on April 4, 2016; [ 10 ] ORDERS the joinder of files 500-10-005662-141 and 500-10-005663-149. [ 11 ] REMITS the file to case management. LOUIS ROCHETTE, J.A. JACQUES J. LEVESQUE, J.A. MARTIN VAUCLAIR, J.A.