2021 QCCA 1693, 2021 QCCA 1693

R. c. Louati 2021 QCCA 1693 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007549-213 ( 500-01-150239-173 ) MINUTES OF HEARING DATE: November 8, 2021 CORAM: THE HONOURABLE MANON SAVARD, C.J.Q. YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A. APPLICANT COUNSEL HER MAJESTY THE QUEEN Mtre NICOLAS CORNELIUS AMMERLAAN ( Director of Criminal and Penal Prosecutions ) RESPONDENT COUNSEL MOURAD LOUATI Mtre MATHIEU DUPRÉ ( Archambault Langlois Tadeo ) DESCRIPTION: Motion to extend the time for appeal ( Section 678(2) of the Criminal Code ) Motion for leave to appeal from a sentence ( Section 675(1)

b) of the Criminal Code ) Motion for authorization to adduce fresh evidence ( Section 683(1) of the Criminal Code ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:33 Commencement of the hearing. Identification of counsel. 9:33 Submissions by Mtre Dupré. The motions are contested. 9:35 Mtre Ammerlaan has nothing to add to his motions.

9:35 Submissions by Mtre Dupré.9:45 Reply by Mtre Ammerlaan.9:47 Recess of the hearing.9:53 Resumption of the hearing.9:47 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [1] The Court is of the view that the Applicant acted with reasonable diligence in seeking to exercise its right to appeal once theerror contained in the RCMP’s database was brought to its attention and that its motion for leave to appeal from the sentence raisesarguable grounds of appeal (R. v.

Lamontagne, (1994) (QC CA), 95 C.C.C. (3d) 277 (QC CA)). [2] The Court is also of the view that the new evidence the Applicant seeks to adduce is relevant and capable of informing thedebate on appeal.

FOR THESE REASONS, THE COURT: [3] GRANTS the motion to extend the time for appeal; [4] EXTENDS the delay to appeal the judgment rendered on November 17, 2020 by the Court of Québec (Alexandre St-Onge); [5] ALLOWS the filing, on April 9, 2021, of the motion for leave to appeal; [6] GRANTS the motion for leave to appeal from the sentence imposed on November 17, 2020 by the Court of Québec (AlexandreSt-Onge); [7] GRANTS the motion to adduce fresh evidence; [8] AUTHORIZES the Appellant to file:

1. The transcript of the sentencing hearing on November 4, , 2016 presided by the Honourable Catherine Mandeville of the Superior Court, district of Gatineau, in file number 550-01-068111-139, regarding the Respondent’s manslaughter conviction; 2.

A letter dated March 9, 2021 by Suzie Ouellet, Chief of Sentence Management of Correctional Service Canada, certifying the Respondent’s statutory release date as August 15, 2022; [ 9 ] REFERS the question as to the admissibility of the aforementioned fresh evidence and, should it be judged admissible, the probative weight that should be attributed thereto to the panel that will hear the appeal on the merits; [ 10 ] DECLARES that the proceedings shall be undertaken without briefs, on the basis of the fast-track procedure, as provided for in

section 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters ( R.C.A.Q.C.M . ) ; [ 11 ] ORDERS the Applicant, after notification to the Respondent, to file with the Office of the Court, no later than December 8, 2021 , fives copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and an argument of no more than 10 pages ; [ 12 ] ORDERS the Respondent, after notification to the Applicant, to file with the Office of the Court, no later than January 18, 2022 , fives copies of an argument of no more than 10 pages ; [ 13 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single- spaced and indented). The typeface shall be 12-point Arial font for the entire text.

Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 14 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 15 ] ALLOWS the Respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the Applicant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 16 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 17 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M . [ 18 ] REFERS the file to the Master of the Rolls to determine the date of the hearing of 60 minutes in duration (30 minutes each). MANON SAVARD, C.J.Q. YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A.