2023 QCCA 1521, 2023 QCCA 1521

Dadgar c. R. 2023 QCCA 1521 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-700085-234 ( 550-01-116445-208 ) MINUTES OF HEARING DATE: December 4, 2023 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPELLANT Arya Dadgar PRESENT AND UNREPRESENTED By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Cassendra Gratton ( Directeur des poursuites criminelles et pénales ) By videoconference DESCRIPTION: Motion to dismiss the Notice of appeal ( Sections 685(2) , 675(1) and (1.1) , 683(3) , 678(1) of the Criminal Code and

section 24, 50, 61, of the Rules of the Cour of Appeal of Québec in Criminal Matters ) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:43 Commencement of the hearing. Identification of counsel. 9:45 Submissions by Mtre Gratton. Mtre Gratton asked to be granted permission to amend the motion. 9:46 Discussion between the judge and M. Dadgard.

9:49 BY THE JUDGE : Judgement – see page 3. Conclusion of the hearing. Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] On August 23, 2023, the Appellant was found guilty of failure to comply with a probation order by the Honourable Justice Claude Leblond of the Court of Quebec for the District of Gatineau and was sentenced to 20 days in detention. [ 2 ] On October 3, 2023, the Appellant filed a notice of appeal to the Court of Appeal from his conviction. [ 3 ] The Respondent makes a motion to dismiss the notice of appeal. He raises several grounds, all of which are well-founded. The matter was prosecuted in the Court of Quebec by way of the

summary conviction procedure. As such, the Appellant had a right of appeal to the Superior Court under

Article 813 of the Criminal Code and not to the Court of Appeal. An appeal will only lie to the Court of Appeal under

Article 839 of the Criminal Code (1) from the judgment of the Superior Court, (2) on a question of law alone, and (3) with leave of a judge of the Court of Appeal. As the Appellant did not file an appeal to the Superior Court, the Court of Appeal has no jurisdiction to hear this appeal. [ 4 ] In these circumstances, it is appropriate to dismiss the appeal. [1] FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the Respondent’s motion to dismiss the notice of appeal; [ 6 ] DISMISSES the appeal. STEPHEN W. HAMILTON, J.A.