2014 QCCA 1269, 2014 QCCA 1269

Chemama c. R. 2014 QCCA 1269 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005070-121, 500-10-005313-125, 500-10-005314-123, 500-10-005356-132, 500-10-005357-130, 500-10-005444-136, 500-10-005453-137, 500-10-005555-147, 500-10-005556-145, 500-10-005633-142, 500-10-005634-140 (500-01-048577-107, 500-01-049364-109, 500-01-048577-107, 500-36-006319-126, 500-36- 007021-135) MINUTES OF THE HEARING DATE: June 6, 2014 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. FRANÇOIS DOYON, J.A. GENEVIÈVE MARCOTTE, J.A.

APPELLANT ATTORNEY ERICH CHEMAMA In person (by videoconference) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Matthew Ferguson Directeur des poursuites criminelles et pénales Mtre Pierre R. Latulippe Direction générale des aff. jur. et légis. Bernard Roy (Justice-Québec)

Application for appointment of counsel (Section 684 Cr.C. ) Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 14:00 Commencement of the hearing. Mr. Daniel Brodsky participated by telephone from Toronto. 14:00 Discussion between the Court, Mr. Brodsky and Mr. Erich Chemama. 14:04 The Court grants Mr. Chemama’s request and orders that Mr. Daniel Santoro’s opinion letter be excluded from the record. 14:05 Submission by Mtre Matthew Ferguson on Mr. Chemama's s. 684 application. 14:07 Suspension of the hearing. 14:20 Resumption of the hearing. 14:20 Submission by Mtre Ferguson. 14:24 Submission by Mr.

Brodsky. 14:34 Discussion between the Court and Mtre Ferguson. 14:38 Submission by Mr. Chemama. 14:43 Submission by Mr. Brodsky. 14:47 Submissions by Mr. Chemama. 14:50 Suspension of the hearing. 15:01 Resumption of the hearing. 15:01 Submission by Mr. Chemama. 15:02 Submission by Mr. Brodsky. 15:03 Submission by Mtre Pierre R. Latulippe. 15:06 Submission by Mr. Chemama. 15:10 Discussion between the Court and Mtre Pierre R. Latulippe. 15:12 Suspension of the hearing. 15:49 Resumption of the hearing. BY THE COURT: Unanimous judgment delivered by the Honourable Mr. Justice Allan R.

Hilton – Refer to page 3. 15:51 Conclusion of the hearing. Marcelle Desmarais Clerk BY THE COURT

JUDGMENT [ 1 ] Erich Chemama has applied pursuant to s. 684 Cr.C . for the appointment of Mr. Daniel Brodsky, a member of the Law Society of Upper Canada, to represent him in his various appeals to this Court. Mr. Brodsky has made it clear that he is not prepared to accept the

schedule of fees provided for in the agreement between the Quebec Ministry of Justice and the Barreau du Québec . In any event, Mr. Chemama has not requested that he be granted legal aid for most of his appeals. [ 2 ] In such circumstances the Court has no choice but to dismiss Mr. Chemama's application. [ 3 ] As a result, the Court intends to name an amicus curiae to assist it in the conduct of some of Mr.

Chemama's appeals, namely, the appeals from the verdict of conviction (500-10-005357-130) and sentence (500-10-005444-136) imposed by Judge Leblond of the Court of Quebec as well as the verdict of conviction returned by a jury of the Superior Court at which the Hon. Mr. Justice Jean-François Buffoni presided (500-10-005556-145), and if necessary, any appeal(

s) arising out of the sentence to be imposed by Buffoni, J. [ 4 ] The Court therefore orders the Commission des services juridiques to submit a list of names to the Court's Registrar of Quebec counsel who are prepared to act in that capacity and to accept the Legal Aid

schedule of fees, the whole on or before Monday, July 7, 2014. [ 5 ] The Registrar will thereupon select a counsel to act as amicus curiae on or before Monday, July 14, 2014, after which the appeals will be referred to the Court's case management service in criminal matters to determine a

schedule for their conduct and an eventual date of hearing. [ 6 ] The Court further grants Mr. Chemama's request relating to the opinion of Mr. Daniel Santoro and orders its exclusion from any court file in which it may have been filed. ALLAN R. HILTON, J.A. FRANÇOIS DOYON, J.A. GENEVIÈVE MARCOTTE, J.A.