2023 QCCA 1400, 2023 QCCA 1400
Opinion
Azubuike c. R. 2023 QCCA 1400 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008071-233 ( 500-01-207497-204 ) MINUTES OF HEARING DATE: October 23, 2023 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PATRICK HEALY, J.A. SOPHIE LAVALLÉE, J.A.
APPLICANT EKENS AZUBUIKE PRESENT AND UNREPRESENTED By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre MARIE-ÈVE MAYER ( Director of Criminal and Penal Prosecutions ) DESCRIPTION: Motion for extension of time to appeal and order to produce first instance Court transcribed and entire file. ( S. 34(1) Cr.C . and s. 11 R.C.A.Q.C.M. ) Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING 9:30 Commencement of the hearing. Identification of the file and parties. 9:31 Discussion between the Court and Mr.
Azubuike. 9:32 Submissions by Me Azubuike. 9:34 Discussion between the Court and Mr. Azubuike. 9:35 Recess of the hearing. 9:36 Resumption of the hearing. 9:37 BY THE COURT: Judgment – see page 3. 9:38 Conclusion of the hearing.
René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] The petitioner seeks an extension of time to appeal against a decision of the Court of Quebec that committed him for trial on a charge of fraud. [ 2 ] Canadian law provides no avenue of appeal from a decision at the conclusion of a preliminary inquiry to commit or discharge the accused. [ 3 ] For this imperative reason, the present motion is dismissed. The Court does not have jurisdiction to entertain it. FOR THESE REASONS, THE COURT: [ 4 ] DIMISSES the motion for extension of time to appeal. YVES-MARIE MORISSETTE, J.A. PATRICK HEALY, J.A. SOPHIE LAVALLÉE, J.A.
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