Mataev c. R. 2018 QCCA 463 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006093-163 (500-01-054780-116) MINUTES OF THE HEARING DATE: March 19, 2018 CORAM: THE HONOURABLE NICOLE DUVAL HESLER , C.J.Q. JEAN BOUCHARD , J.A. MARK SCHRAGER , J.A. APPELLANT COUNSEL EVGUENI MATAEV Mtre MARIE-HÉLÈNE GIROUX (Monterosso Giroux Lamoureux, avocats) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre PASCAL DOSTALER (Criminal and Penal Prosecuting Attorney) DESCRIPTION : Motion to Adduce New Evidence (Section 683 (1) of the Criminal Code and

section 54 of the Rules of the Court of Appeal in Criminal Matters )

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:54 Commencement of the hearing. Identification of counsel. 9:54 Submissions by Mtre Giroux. 10:04 Submissions by Mtre Dostaler. 10:16 Recess. 10:28 Resumption of the hearing. 10:28 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Earlier this year, the Parole Board of Canada re-assessed Mr. Mataev’s status as a dangerous offender and decided that he would remain in custody for the time being and be re-assessed in two years’ time.

The following quote of Doherty, J.A., reproduced in the decision of the Supreme Court’s in R. v. Sipos ([2014] 2 R.C.S.) at par. 40, is particularly useful: […] Where an offender’s real claim is that he has progressed to the point that his status should be re-assessed, an appeal from the original decision is not the appropriate mechanism by which to achieve that new assessment. [ 2 ] It follows that the new evidence which Appellant seeks to file is clearly irrelevant. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the Motion for Leave to File New Evidence. NICOLE DUVAL HESLER, C. J.Q. JEAN BOUCHARD, J.A.

section 54 of the Rules of the Court of Appeal in Criminal Matters )

MARK SCHRAGER, J.A.