2017 QCCA 1416, 2017 QCCA 1416

Olumide c. Attorney General of Quebec 2017 QCCA 1416 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006436-172 (550-36-000021-178) MINUTES OF THE HEARING DATE: September 20, 2017 THE HONOURABLE ALLAN R. HILTON, J.A. PETITIONER COUNSEL ADE OLUMIDE IN PERSON RESPONDENT COUNSEL THE ATTORNEY GENERAL OF QUEBEC Mtre SANDRA BONANNO ( Absent ) (Directeur des poursuites criminelles et pénales) DESCRIPTION: Application for Certiorari . (Art. 45, 65(3) R.C.A.C.M. and 774, 777 Cr.C. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING

9:35 The Petitioner, Ade Olumide is present although the parties’ attendance is not required today as his “Application for certiorari ” has been deferred to a panel of three judges sitting on October 16, 2017. 9:36 Exchanges between the judge and M. Olumide. 9:39 BY THE JUDGE: Judgment in connection to the deferral of the application to the bench – See page 3. End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Prior to the scheduled hearing before the undersigned of the petitioner’s “Notice of motion for certiorari ”, he was advised in writing that his motion would be deferred to the panel of the Court hearing the Crown’s motion to dismiss his appeal that had been referred to the Court by one of its Deputy Clerk’s pursuant to s. 685 Cr.C.

The appellant’s certiorari proceeding seeks an order quashing the referral of the Crown’s motion to dismiss his appeal. [ 2 ] The appellant was informed in advance of the hearing that his attendance in Court this morning was therefore unnecessary. Nevertheless, he appeared before me and insisted on arguing his motion, which I declined to entertain.

Two reasons led me to do so. [ 3 ] First, assuming, for purposes of discussion only, that this Court has original jurisdiction in matters of certiorari , I would not have any such jurisdiction as a judge in chambers. [ 4 ] Second, it is the general practice of the Court’s Registry, of which this case is an example, to defer any motion presented before a judge in chambers to a panel of the Court when there is also a pending motion before the Court dealing with a related aspect of the file. Evidently, this is such a case. Such deferrals include motions which a judge in chambers would have jurisdiction to entertain.

THEREFORE, THE UNDERSIGNED : [ 5 ] CONFIRMS the deferral of the appellant’s “Notice of Motion for certiorari ” to a panel of the Court on Monday, October 16, 2017. ALLAN R. HILTON , J.A.