Fazio c. R. 2015 QCCA 1375 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005927-155 (500-73-003759-129) MINUTES OF THE HEARING DATE: August 26th, 2015 THE HONOURABLE MARIE ST-PIERRE, J.A. PETITIONER ATTORNEY / COUNSEL FRANCESCO FAZIO Mtre CLAUDE ROULEAU (Morneau L'Écuyer La Leggia, Rouleau & Associé

s) Mtre PIERRE L’ÉCUYER RESPONDENT ATTORNEY / COUNSEL HER MAJESTY THE QUEEN Mtre FRANÇOIS BLANCHETTE (Public Prosecution Service of Canada) DESCRIPTION: Motion for leave to appeal from convictions on grounds that involve questions of mixed law and fact Clerk: Asma Berrak Courtroom: RC-18

HEARING 10:42 Commencement of the hearing. Identification of counsel. Judge's comment. 10 :43 Submission by Mtre Blanchette. Exchange between the Judge and the parties. 10 :45 Suspension of hearing. 10 :57 Resumption of hearing. Submission by Mtre Blanchette. 10 :57 Exchange between the Judge and Mtre Rouleau. 10 :57 BY THE JUDGE : Judgment-see page 3. 10:58 Conclusion of the hearing. ASMA BERRAK Clerk BY THE JUDGE JUDGMENT [ 1 ] The applicant seeks leave to appeal the convictions entered against him on June 12 th , 2015 on grounds that involve questions of mixed law and fact.

The motion is brought pursuant to paragraph 675(1) a) (ii) of the Criminal Code . [ 2 ] He has previously filed a notice of appeal, dated July 9 th , 2015, raising questions of law, namely some relating to the unreasonable character of the verdict. [ 3 ] Since deciding those questions of law will require a complete review of the evidence by the Court in any event, I conclude that deferring it to the Court is appropriate. THEREFORE, THE UNDERSIGNED: [ 4 ] DEFERS the motion for leave to appeal to the Court. MARIE ST-PIERRE , J.A.