2017 QCCA 1002, 2017 QCCA 1002

R. c. Laffin 2017 QCCA 1002 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005954-159, 500-10-005953-151 (760-73-001079-140, 760-01-070703-142, 760-01-070704-140) MINUTES OF THE HEARING DATE: June 16, 2017 CORAM: THE HONOURABLE GENEVIÈVE MARCOTTE , J.A. PATRICK HEALY , J.A. THOMAS M. DAVIS , J.A. ( ad hoc ) N o : 500-10-005954-159 APPELLANT COUNSEL HER MAJESTY THE QUEEN Mtre GILLES VILLENEUVE (Public Prosecution Service of Canada) RESPONDENTS COUNSEL JOSHUA RICHARD LAFFIN ABSENT RANDALL CONNERS Mtre MAIRI SPRINGATE (Shadley Bien-Aimé s.e.n.c.)

N o : 500-10-005953-151 APPELLANT COUNSEL HER MAJESTY THE QUEEN Mtre hélène langis (Director of Criminal and Penal Prosecutions) RESPONDENTS COUNSEL JOSHUA RICHARD LAFFIN ABSENT RANDALL CONNERS Mtre MAIRI SPRINGATE (Shadley Bien-Aimé s.e.n.c.) 500-10-005954-159 On appeal from a sentence rendered on August 18, 2015 by the Honourable Justice Michel Mercier of the Court of Quebec, District of Beauharnois Motion for an adjournment 500-10-005953-151 On appeal from a sentence rendered on August 18, 2015 by the Honourable Justice Michel Mercier of the Court of Quebec, District of Beauharnois

Motion for an adjournment NATURE OF THE APPEAL : 500-10-005954-159 Sentence – Excise Act 500-10-005953-151 Sentence – S. 129 (a)(

e) and 145 (3)

b) Cr.C. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:33 Commencement of the hearing. Identification of counsel. Respondent Joshua Richard Laffin is absent. 9:33 Justice Marcotte addresses Mtre Springate. 9:36 Representations by Mtre Springate on the Motion for an adjournment. 9:38 Representations by Mtre Villeneuve. The representations made on behalf of the Appellant regarding the appropriate sentence to be rendered would be, in both cases, for Mr. Conners and Mr. Laffin, that the minimum fine be imposed.

The Motion for adjournment is contested by Mtre Villeneuve. 9:53 Recess. 10:08 Resumption of the hearing. 10:08 Representations by Mtre Springate. 10:09 Justice Marcotte addresses Mtre Villeneuve. 10:11 Representations by Mtre Villeneuve. The Court finds the « Appellant’s Brief » to be incomplete in that it fails to address

section 228 and

section 216 of the 2001 Excise Act. These issues should be addressed in a supplemental Factum not exceeding 10 pages. At the Court’s suggestion, Mtre Villeneuve will indicate in his supplemental Factum which issue is abandoned and which paragraphs of his original « Appellant’s Brief » are set aside. 10:23 By the Court: judgment – see page 4. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] Given the Motion for adjournment and the representations made by both parties; THE COURT: [ 2 ] AUTHORIZES Appellant in both matters to file a supplemental Factum not exceeding 10 pages each, no later than July 17, 2017, to be served on both Respondents; [ 3 ] ORDERS Respondent Conners to file his Factum no later than September 18, 2017; [ 4 ] ADJOURNS both cases to November 24, 2017, in room Antonio-Lamer, at 9:30 a.m., for a 105 minutes hearing (45 minutes for the Federal Crown, 15 minutes for the Provincial Crown and 45 minutes for Respondent Conners). GENEVIÈVE MARCOTTE, J.A. PATRICK HEALY, J.A. THOMAS M. DAVIS, J.A. (ad hoc)