2023 QCCA 639, 2023 QCCA 639

Boyce Dickson c. R. 2023 QCCA 639 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007964-230 ( 500-01-209909-206 SEQ. 002) MINUTES OF HEARING DATE: May 12, 2023 THE HONOURABLE CHRISTINE BAUDOUIN, J.A. APPLICANT COUNSEL Chaquille Boyce Dickson Mtre CARL DEVOST FORTIN Absent RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre JEAN-PHILIPPE MACKAY ( Director of Criminal and Penal Prosecutions ) Absent DESCRIPTION: Motion seeking leave to appeal a

summary conviction tried with an indictable offence for which there is an appeal – amended . ( Section 675 (1.1) of the Criminal Code ) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING Continuation of the hearing held on May 8 th , 2023. The parties were excused from appearing in Court. BY THE JUDGE : Judgement – see page 3.

Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] CONSIDERING the Appellant’s amended Motion Seeking Leave to Appeal a

Summary Conviction Tried With an Indictable Offence for Which There is an Appeal ; [ 2 ] CONSIDERING that only paragraph (

b) of section 675(1.1) Cr.C . is in issue, that is, whether the

summary conviction offence was tried with an indictable offence; [ 3 ] CONSIDERING that the Appellant’s

summary conviction trial was held subsequent to that of the indictable offence, before different justices, and was sentenced separately; [ 4 ] CONSIDERING that the inculpatory evidence on which the

summary conviction was based was obtained during a search of the Appellant following his arrest for the indictable offence; [ 5 ] CONSIDERING the Appellant’s argument that both offences were tried together because of several voir dires which dealt with his motions to exclude evidence acquired prior to his arrest for the indictable offence; [ 6 ] CONSIDERING the reasons of Kasirer, J.A., as he then was, in R. c. Diabo , 2018 QCCA 1630 ; [ 7 ] CONSIDERING that paragraph (

b) of section 675(1.1) Cr.C . is a statutory prerequisite to the jurisdiction of this Court; [ 8 ] CONSIDERING the Appellant’s consent to refer the motion to the Court; [ 9 ] CONSIDERING the Respondent’s consent to same, subject to its right to contest the merits of the motion at that time. FOR THESE REASONS, THE UNDERSIGNED : [ 10 ] REFERS the motion for leave to appeal for adjudication by the bench, composed of three judges of this Court, that will hear the appeal of the indictable offence in appeal file number 500-10-007964-230; [ 11 ] TAKES NOTICE of the Respondent’s undertaking not to oppose a possible nunc pro tunc motion for an extension of time to file an appeal against the

summary conviction before the Superior Court, should this Court ultimately refuse or lack jurisdiction to hear the appeal from the

summary conviction. CHRISTINE BAUDOUIN, J.A.