2016 QCCA 1153, 2016 QCCA 1153

Hanckey c. R. 2016 QCCA 1153 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006177-164 (550-01-066022-122) MINUTES OF THE HEARING DATE: July 6, 2016 THE HONOURABLE MARIE-France BICH , J.A. PETITIONER COUNSEL RICKY HANCKEY Mtre MAXIME HÉBERT LAFONTAINE (Latour Dorval) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre DIANE LEGAULT (Directeur des poursuites criminelles et pénales) IMPLEADED PARTIES COUNSEL THE ATTORNEY GENERAL OF QUEBEC And THE ATTORNEY GENERAL OF CANADA Mtre ALEXANDRE DUVAL (Direction générale des aff. jur. et légis. Bernard, Roy (Justice-Québec)) Absent

DESCRIPTION: Motion for leave to appeal against the sentence rendered on May 18, 2016 by the Honourable Gaston-Paul Langevin of the Quebec Court, District of Gatineau. (Article 675(1)

b) Cr.C. ) Notice of intention to raise the unconstitutionality of subs. 719(3.1) Cr.C . (Articles 76, 77 and 78 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC-18 HEARING 9:42 Beginning of the hearing. Exchanges between the Judge and Mtre Lafontaine. 9:43 Submissions by Mtre Legault. 9:53 Submissions by Mtre Duval. 9:59 Rebuttal by Mtre Lafontaine. 10:03 Rejoinder by Mtre Legault. Recess. 10:09 Resumption of the hearing. BY THE JUDGE : Judgment – See page 3. 10:11 Exchanges between the Judge and the Parties. 10:13 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE: JUDGMENT [ 1 ] On July 30, 2015, the petitioner was found guilty of one count of aggravated assault (s. 238 Cr.C. ). On August 2015, he appealed against his conviction (500-10-005951-155). [ 2 ] On May 18, 2016, he was sentenced to 8 years of imprisonment, but credited with 43 months of time spent in remand custody, for a net sentence of 4 years and 5 months of imprisonment. On the same day, he was also sentenced to 6 months of imprisonment, to be served concurrently, for a breach of probation (file 550-01-066023-120).

He now seeks leave to appeal his sentence in the aggravated assault file, pursuant to subs. 675(1)

b) Cr.C. , after having given to the Attorney General of Canada and the Attorney General of Quebec notice of his intention to question the constitutionality of subs. 719(3.1) Cr.C . [1] [ 3 ] Considering the appeal of the conviction, the motion for leave to appeal the sentence will be referred to the Court, according to s. 55 and ff. of the Rules of the Court of Appeal of Quebec in Criminal Matters . FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 4 ] REFERS the motion for leave to appeal to the Court;

[ 5 ] ORDERS that the present motion be heard at the same time and by the same bench of the Court as the appeal from conviction (500-10-005951-155); [ 6 ] ORDERS that the documents pertaining to said motion and appeal from sentence, as provided for by s. 56 to 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters , be filed by the parties together with their factums in the appeal from conviction and according to the same schedule; [ 7 ] Due to the constitutional question raised by the petitioner and pursuant to s. 59 of the Rules , ALLOWS the petitioner to file a written argument not exceeding 30 pages in support of his submissions on the sentence and ALLOWS the respondent and impleaded parties to file a common written argument not exceeding 30 pages in support of their joint submissions on the sentence; [ 8 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key.

MARIE-France BICH , J.A.