2015 QCCA 364, 2015 QCCA 364

R.W. c. R. 2015 QCCA 364 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005827-157 (700-01-100452-112) MINUTES OF THE HEARING DATE: February 23, 2015 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER COUNSEL R… W… Mtre LLOYD FISCHLER ( Lloyd Fischler ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MAXIME LACOURSIÈRE (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for permission to appeal the sentence ( Section 675(1)

b) Criminal Code ) Motion for the judicial interim release pending the decision on appeal ( Section 679(1)

a) Criminal Code ) Clerk: Asma Berrak Courtroom: RC-18

HEARING 9:29 Commencement of the hearing. Identification of counsel. Submission by Mtre Fischler. 9:40 Submission by Mtre Lacoursière. 9:48 Suspension of hearing. 10:23 Resumption of hearing. Submission by Mtre Lacoursière. 10:25 Reply by Mtre Fischler. 10:27 Suspension of hearing. 10:35 Resumption of hearing. Judgment-see page 3. 10:42 Conclusion of the hearing.

Clerk BY THE JUDGE JUDGMENT Motion for permission to appeal the sentence [ 1 ] On the 28 th of May, 2014, the Honourable Paul Chevalier of the Court of Quebec, Criminal and Penal Division, found the appellant guilty of two counts of sexual interference and invitation to sexual touching, committed between 1995 and 2000. [ 2 ] On the 18th of February 2015, the appellant was sentenced to 20 months imprisonment and the mandatory orders. [ 3 ] The appellant seeks permission to appeal the sentence and, if granted, he asks for his judicial interim release pending the decision on appeal.

The Respondent disputes the motion for permission to appeal, but if granted, concedes the release of the appellant pending the decision on appeal. [ 4 ] The central issue on appeal is the appropriateness of a conditional sentence, in part because the parties at trial agreed that a 20- month sentence was reasonable. Without expressing my opinion on the appeal’s chances of success, I will grant the permission to appeal and, also, I will release the Appellant pending the decision on appeal. [ 5 ] The parties agreed to plead the file without factums.

I remind them of Rules 56 through 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follows: 56(2). Timetable . In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default . If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party.

A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal.

57. Documents. The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed. 58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented.

The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2). A judge may order that an argument be prepared when the issues raised by the appeal so warrant. [ 6 ] I encourage both parties to submit, with the paper format, a computer PDF-searchable format of the documents needed for the appeal.

THEREFORE, THE UNDERSIGNED: [ 7 ] GRANTS the Motion for permission to appeal the sentence; [ 8 ] AUTHORIZES Petitioner to appeal the sentence rendered on February 18, 2015 for the grounds of appeal mentioned in paragraph 5 of the Motion; [ 9 ] ORDERS the matter to be heard without factums; [ 10 ] DEFERS the file to the Master of the rolls to determine the date of a hearing of 30 minutes in duration (15 minutes for each parties); [ 11 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than April 24, 2015, five copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, the questionnaire, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 12 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than May 25, 2015, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length.

Motion for the judicial interim release pending the decision on appeal [ 13 ] GRANTS the petitioner's motion for judicial interim release pending the decision on appeal; [ 14 ] ORDERS the petitioner's release from custody on the following conditions: 14.1. To keep the peace and to be of good conduct; 14.2. To reside at [...], Rosemère, Quebec; 14.3. Not to change his residential address without having notified the court in advance and in writing of the new residential address; 14.4. Not to communicate or attempt directly or indirectly to communicate with X; 14.5.

Not to be found within a range of 50 metres from the residence, place of employment and place of education of X; 14.6. Not to be found within a range of 50 metres from any daycare center, school grounds, playgrounds, community centers, public

park or public swimming area where persons under the age of 14 years old are present or are reasonably expected to be present; [ 15 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. MARTIN VAUCLAIR , J.A.