2011 QCCA 1190, 2011 QCCA 1190

R. c. Berish 2011 QCCA 1190 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-10-004937-114 ( 500-01-018405-099 ) MINUTES OF THE HEARING DATE: June 22, 2011 THE HONOURABLE PIERRE J. DALPHOND, J.A. PETITIONER ATTORNEY HER MAJESTY THE QUEEN Mtre Carole LeBeuf Procureure aux poursuites criminelles et pénales RESPONDENT ATTORNEY DEREK BERISH Mtre Daniel Michael Lighter BORO POLNICKY LIGHTER

MOTION FOR LEAVE TO APPEAL AGAINST THE SENTENCE RENDERED ON MAY 10, 2011 BY THE HON. JEAN- PIERRE BOYER OF THE QUEBEC COURT, DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC-18 HEARING 10:00 Commencement of the hearing. 10:01 Submission by Mtre LeBeuf. 10:04 Suspension. 10:27 Resumption of the hearing. Continuation of Mtre LeBeuf’s submission 10:33 Submission by Mtre Lighter. 10:38 BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT [ 1 ] Considering that the motion should be referred to the Court in accordance with Rule 55 of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 2 ] Considering that the parties agreed to plead the file without factums; [ 3 ] Considering Rules 56, 57, 58 and 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. [ 4 ] FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] REFERS the motion for leave to appeal to the Court; [ 6 ] PLACES the case on the role of October 28, 2011 , at 9:30 am, in room Pierre-Basile-Mignault, to be pleaded for 50 minutes without factums; [ 7 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than September 9, 2011 , four copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 8 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than October 7, 2011 , four copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length.

PIERRE J. DALPHOND, J.A.