Chemama c. R. 2013 QCCA 1537 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL No: 500-10-005444-136 (500-01-049364-109) MINUTES OF THE HEARING DATE: September 5, 2013 THE HONOURABLE MR JUSTICE FRANÇOIS DOYON, J.A. PETITIONER ERICH CHEMAMA In person RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Matthew Ferguson DIRECTEUR DES POURSUITES CRIMINELLES ET PÉNALES NOTICE OF MOTION FOR APPOINTMENT OF COUNSEL & NOTICE OF APPLICATION FOR RELEASE PENDING APPEAL Clerk : Asma Berrak Courtroom : RC.18

HEARING 11 h 22: Beginning of the hearing. 11 h 22: Discussion between the judge and the parties about the notice of motion for appointment of counsel. 11 h 23: Submission by Mr Chemama. 11 h 25: Submission by Mtre Ferguson. 11 h 27: Submission by Mr Chemama. 11 h 30: Submission by Mtre Ferguson. 11 h 31: Discussion between the judge and Mr Chemama. 11 h 35: Judgment - see page 3. 11 h 41: Conclusion of the hearing. Asma Berrak Clerk JUDGMENT [ 1 ] Due to the nature of the appeal, of the applicant's medical condition and of his actual conditions of detention, I am of the opinion that, in the interests of justice, Mr Chemama should have legal assistance. [ 2 ] For these reasons, according to

section 684 Cr.

C., I grant his motion for appointment of Mtre Daniel Brodsky, or any other member of his Law firm, as Counsel, provided that: • Mtre Daniel Brodsky, or any other member of his firm, consents to represent Mr Chemama and agrees that his or her fees be set in accordance with the Legal Aid Tariff; • Should Mtre Brodsky, or any other member of his firm, refuse to represent him, Mr Chemama will have to file a fresh application for appointment of Counsel. [ 3 ] In light of this order, the hearing on the motion for bail is postponed to a date that will be suitable to both Counsel. [ 4 ] I order as well that a copy of this judgment be sent to Mr Chemama, Mtre Brodsky and Mtre Furgeson.