2012 QCCA 1346, 2012 QCCA 1346

Gagnon c. R. 2012 QCCA 1346 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005231-129, 500-10-005228-125, 500-10-005229-123, 500-10-005230-121, 500-10- 005155-120 (450-01-072247-112, 450-01-059325-097, 450-01-058954-095, 450-01-059956-099, 450-01- 069869-118) MINUTES OF THE HEARING DATE: July 25 2012 THE HONOURABLE FRANÇOIS DOYON , J.A. PETITIONER ATTORNEY KIMBERLY GAGNON Personally RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Daniel Royer CRIMINAL AND PENAL PROSECUTOR

Motion to extend the expiration of the time fixed for instituting an appeal. Motion for leave to appeal against a sentence pronounced on March 19th, 2012 by Ms. Justice Helene Fabi from th Court of Quebec, district of St-François. Clerk: Marie-Laurence Brunet Court Room: RC-18 HEARING 10 h 39 Beginning of the hearing. Identification of the parties. 10 h 41 Submission by Ms. Gagnon. 10 h 41 Exchanges between Mr. Justice Doyon and Ms. Gagnon. 10 h 44 Exchanges between Mr. Justice Doyon and Mr. Baird. 10 h 44 Exchanges between Mr. Justice Doyon and Ms. Gagnon. 10 h 47 Submission by Mtre Royer. 10 h 58 Reply by Ms.

Gagnon. 11 h 05 Submission by Mr. Baird. 11 h 09 Intervention of Ms. Gagnon. 11 h 10 Reply by Mr. Baird. 11 h 11 Exchanges between Mr. Justice Doyon and Mtre Royer. 11 h 11 Mr. Justice Doyon advises the parties to produce motions that are more detailed. 11 h 17 Reply by Mr. Baird. BY THE JUDGE : For judgment – see following pages. 11 h 23 End of the hearing. Marie-Laurence Brunet Clerk

JUDGMENT [ 1 ] The petitioners are seeking extension of the time within which they may appeal the verdicts and the sentences. [ 2 ] They allege inter alia that their right to effective assistance of counsel was violated when they pled guilty, as they were forced to do so, and consequently wish to be allowed to withdraw these guilty pleas. This question has to be decided by the Court, not by a judge sitting alone (s. 675(1)(a)(iii) Cr. C.).

For this reason, the motions are deferred to a panel of judges sitting on September 10, 2012 . [ 3 ] Meanwhile, the petitioners will have to complete their written procedures as they do not abide by the Rules of the Court of Appeal in Criminal Matters. For instance, there is no evidence or even arguments explaining how and in which circumstances their right to effective assistance of counsel was infringed as they were assisted by counsel when they pled guilty.

Moreover, there are no arguments supporting their contention that the Court should vary the sentences even though there was a joint submission on sentence. [ 4 ] In

summary, the petitioners will have to complete their documentation, prepare the required affidavits and serve their motions with trial counsel in due time before the next hearing. FRANÇOIS DOYON, J.A.