2019 QCCA 671, 2019 QCCA 671

Chemama c. Correctional Services of Canada 2019 QCCA 671 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005556-145, 500-10-006208-167, 500-10-005357-130, 500-10-005444-136 (500-01-049364-109, 500-01-048577-107) MINUTES OF THE HEARING DATE: April 8, 2019 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE , J.A. FRANÇOIS DOYON , J.A. MARTIN VAUCLAIR , J.A.

APPELLANT COUNSEL ERICH CHEMAMA IN PERSON RESPONDENTS COUNSEL ANNE KELLY , in her capacity as Commissioner of Correctional Services of Canada JOSÉE CAMPEAU, in her capacity of Warden of the Regional Reception Centre and the Special Handling Unit Mtre STÉPHANE ARCELIN (Department of Justice Canada) IMPLEADED PARTIES COUNSEL HER MAJESTY THE QUEEN Mtre MARIANNA FERRARO (Criminal and Penal Prosecuting Attorney)

AMICUS CURIAE Mtre PAUL SKOLNIK (Paul Skolnik, avocat) DESCRIPTION : Application by the amicus curiae to modify the judgment of the Court of Appeal rendered on November 26 th , 2018 and other relief (Section 33 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING Joint hearing of the Application of the Amicus Curiae and the Applications of Mr. Chemama. Mr. Chemama is present by videoconference. Mtre Brodsky is present by teleconference. 2:12 Commencement of the hearing.

Identification of counsel. 2:14 On the Motion under 684 Cr.C . 2:14 Representations by Mtre Arcelin. 2:16 Representations by Mtre Brodsky. 2:19 Representations by Mr.

Chemama. 2:24 Recess. 2:38 Resumption of the hearing. 2:38 By the Court: judgment. 2:39 On the Application of the a micus curiae to modify judgment of November 26, 2018. 2:39 Submissions by Mtre Skolnik 2:46 Mtre Skolnik asks for an extension of delay to file his brief. 2:57 Recess. 3:16 Resumption of the hearing. 3:16 Representations by Mtre Skolnik. 3:17 Submissions by Mtre Arcelin. 3:20 Counsel for the Respondent, in answer to question by the Court, asserts that the Respondent, the Commissioner of Correctional Services of Canada, is in position to ensure that compliance with the Orders of the Court will occur, regardless of where the incarceration takes place. 3:29 By the Court: judgment on the Application presented by the amicus curiae and the Applications presented by Mr.

Chemama. 3:32 Conclusion of the hearing. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] We are of the view that, as this is in essence a matter of case management, the issue now before the Court can be suitably resolved by substituting in paragraph 24 of the judgment of the Court of November, 26, 2018, the date of May 15 for the date of February 1 st , and in paragraph 27 of the same judgment, the date of October 1 st , for the date of July 1 st . [ 2 ] The Court also ORDERS the Respondent, Commissioner of Correctional Services of Canada, to provide, within 10 days of this Order, to Mr.

Chemama, 3 separate “hard” or paper copies of the content of the CD-Rom diskette supplied by the amicus curiae to Assistant Warden Supprien on December 6, 2018, it being understood that the amicus curiae will, within 7 days of this Order, make available 3 “hard” or paper copies of the grounds of appeal to the Assistant Warden, who will convey them to the Commissioner of Correctional Services of Canada without delay for the benefit of Mr. Chemama. YVES-MARIE MORISSETTE, J.A. FRANÇOIS DOYON, J.A. MARTIN VAUCLAIR, J.A.