2022 QCCA 784, 2022 QCCA 784

Poehler c. R. 2022 QCCA 784 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007808-221 ( 450-61-074479-212 ) MINUTES OF HEARING DATE: June 1, 2022 THE HONOURABLE BENOÎT MOORE, J.A. APPELLANT Cathleen poehler Unrepresented By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Juliette Ménard-Reid ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion to dismiss summarily an appeal (Section 45 and 48 of Regulation of the Court of Appeal of Quebec in Penal Matters ).

Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 10:19 Commencement of the hearing. Identification of counsel. 10:20 Discussion between the Court and Mtre Ménard-Reid regarding the jurisdiction of the Court of Appeal. 10:21 Discussion between the Court and Mme Poehler. 10:27 Comments by Me Ménard-Reid regarding the argumentation

summary by Mme Poehler.

10:29 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] On April 4, 2022, the appellant was found guilty by the Court of Québec, District of St-François (the Honourable Tanya Larocque, Judge and Presiding Justice of the Peace), [1] of failing to respect the Government of Québec’s order prohibiting persons from being outside their residence between 8:00 p.m. and 5:00 a.m., contrary to ss. 123(8) and 139 of the Public Health Act . [2] [ 2 ] She appeals to this Court under s. 675(1) (a)(

i) of the Criminal Code . [ 3 ] I am now seized of an application to dismiss the appeal summarily under s. 685(2) of the Criminal Code . [ 4 ] The Code of Penal Procedure applies to the proceedings in first instance and in appeal. Pursuant to ss. 266 (1) and 270 C.P.P. , an appeal of a judgment rendered in first instance must be brought before the Superior Court.

Moreover, s. 291 C.P.P. specifically states that an appellant may "bring an appeal before the Court of Appeal, with leave of a judge of that court, from a judgment […] rendered in appeal by a judge of the Superior Court", which is not the case here. [ 5 ] Therefore, the appeal was improperly initiated and the application must be granted. [3] FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] NOTES that the appeal was improperly initiated; [ 7 ] GRANTS the application to dismiss the appeal summarily ; [ 8 ] DISMISSES the notice of appeal from a conviction on a ground that involves a question of law alone under s. 675(1) (a)(

i) of the Criminal Code ; [ 9 ] THE WHOLE, without legal costs. BENOÎT MOORE, J.A.