2021 QCCA 164, 2021 QCCA 164

Mirzoian c. R. 2021 QCCA 164 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007393-208 ( 540-01-085873-183 ) MINUTES OF HEARING DATE: January 29, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPLICANT COUNSEL Levon Mirzoian M tre Sevag abrahamian By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Simon Blais ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Application for leave to appeal a conviction involving questions of law and facts (Art 675 (1) a) (ii) CR.C. ) . Motion to extend the delay (Art. 678 (2) CR.C .) . Clerk at the hearing : Mélanie Camir é Courtroom: RC-18 HEARING

10:35 Commencement of the hearing. Identification of counsel. Preliminary comments. 10:36 Submissions by Mtre Abrahamian. The motion for leave to appeal is withdrawn. 10:39 Submissions by Mtre Blais. 10:42 The judge addresses Mtre Abrahamian. 10:43 There will be no more grounds of appeal other than those at paragraph 5 of the motion. Exchanges between counsel and the judge. 11:03 M. Mirzoian addresses the judge. 11:06 BY THE JUDGE: Judgment on the postponement - see page 3. Conclusion of the hearing Mélanie Camir, Clerk at the hearing JUDGMENT [ 1 ] Mr.

Mirzoian’s newly-appointed counsel indicated today that the application for leave to appeal filed in September 2020 was withdrawn, because it is now his client’s position that the ground stated therein — errors of translation that compromised the trial’s fairness — involves questions of law alone ( section 675(1) ( a )(

i) Cr.C . ). He also indicated that his client intended to raise two additional grounds involving questions of law alone, and he presented an application to extend the time for appeal on all three questions (section 678(2) Cr.C . ).

He asked for an extension until February 28, 2021 and further indicated, in response to a question raised by Crown counsel, that his client had no intention of raising further grounds of appeal at a later stage of this proceeding. [ 2 ] The Crown did not object to the application insofar as it relates to the first two grounds of appeal mentioned therein (paras. 5a) and 5b)), which — it conceded —involve questions of law alone. It did object, however, to any extension of time relating to the third ground (para. 5c)), which relates to the translation issue).

It only did so on the basis that the record as it currently stands does not support a finding that Mr. Mirzoian has a reasonable chance to succeed on that ground. The Crown added that this ground of appeal raises neither a question of law alone nor a question of mixed fact and law, and that the verdict could therefore only be appealed on that ground with leave from a panel of the Court (section 675(1)( a )(iii) Cr.C . ). [ 3 ] After discussions with counsel for both parties, it was agreed that the best course of action would be to postpone Mr.

Mirzoian’s application until May 17, 2021 and to defer the matter to a panel of the Court. This will provide him with an opportunity to file an application to submit evidence in support of his third ground of appeal as well as an application for leave to appeal thereon, should he consider the filing of such applications to be in his interest.

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] NOTES that the application for leave to appeal dated September 3, 2020 is withdrawn; [ 5 ] NOTES the applicant’s statement to the effect that he does not intend to raise any other ground of appeal than those mentioned in paragraph 5 of his application to extend the time for appeal; [ 6 ] NOTES that the Crown does not object to the extension of the time for appeal in relation to the first two grounds of appeal mentioned in paragraph 5 of the application to extend the time for appeal, and that it objects in relation to the third ground of appeal solely on the basis that the record as it currently stands does not support a finding that the applicant has a reasonable chance to succeed thereon; [ 7 ] REFERS the application to extend the time for appeal to the panel of the Court sitting on May 17, 2021 in the Pierre-Basile- Mignault Courtroom in Montreal, at 9:30 a.m. for a hearing of 45 minutes of duration.

FRÉDÉRIC BACHAND, J.A.