2011 QCCA 1328, 2011 QCCA 1328

S.P. c. R. 2011 QCCA 1328 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004928-113 ( 500-36-005760-114 ) MINUTES OF THE HEARING DATE: July 8, 2011 CORAM: THE HONOURABLE JACQUES CHAMBERLAND, J.A. JACQUES A. LÉGER, J.A. NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY S... P... In person RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Dennis Galiatsatos CRIMINAL AND PENAL PROSECUTING ATTORNEY Motions for release pending appeal. Appeal (habeas corpus) referred to the Court for

summary determination. On appeal from a judgment rendered April 26, 2011 by the Honourable Madam Justice France Charbonneau, District of Montreal.

Clerk: Marc Leblanc Courtroom: Pierre-Basile-Mignault HEARING Motions for release pending appeal and the appeal are continued from July 4, 2011 to July 8, 2011. Judgment rendered – see page 3. Marc Leblanc Clerk BY THE COURT JUDGMENT [ 1 ] The appeal was referred by the clerk to the Court for

summary determination under

section 685 of the Criminal Code . [ 2 ] The Appellant stands charged of sexual assault and criminal harassment, in addition to charges of breaching conditions on three separate dates in July 2009. [ 3 ] On May 3, 2010, Labelle J. (Court of Quebec, Criminal Division) declared the Appellant unfit to stand trial and referred him to the Review Board (for the Province of Quebec, the Tribunal administratif du Québec,

section des Affaires sociales). [ 4 ] The disposition hearing was held before the Review Board on July 6, 2010. Following the testimony of Dr. Jean-Maurice Agier and that of the Appellant, the Board concluded that the latter remained unfit to stand trial, that he constituted a serious risk to public safety and thus ordered his detention at Jean-Talon Hospital, subject to authorized leave by the hospital staff according to his clinical state and treatment plan. The written reasons of the Review Board were provided on March 18, 2011. [ 5 ] On April 12, 2011, the Appellant filed before the Superior Court a Requête pour la délivrance d'un bref d'habeas corpus

pursuant to

Article 851 of the Code of Civil Procedure . [ 6 ] Appellant's main argument in support of his allegation of illegal detention was that Labelle J. never declared him unfit to stand trial on May 3, 2010 and, consequently, that the Review Board was without jurisdiction to hear the case on July 6, 2010 and to order his detention at Jean-Talon Hospital.

As a result, the warrant of detention issued against him on July 27, 2010 ought to be quashed. [ 7 ] This argument was dismissed by the Superior Court, Charbonneau J. concluding that both the minutes of the hearing before Labelle J. and the tape of the hearing confirm that a verdict of unfit to stand trial was rendered (paragraphs 12 and 13).

As a result the Review Board undoubtedly had jurisdiction to hear the matter and, at the conclusion of the hearing, to order the Appellant's detention at the Jean-Talon Hospital. [ 8 ] Having read the Notice of Appeal and heard Appellant's representations, the Court is of the view that the appeal can be determined without being adjourned for a full hearing.

Appellant's Notice of Appeal does not show any substantial and valid grounds of appeal and, given that the appeal is "frivolous" within the meaning of that term in subsection 685(1) Cr.C . , the appeal may be dismissed summarily as having no reasonable chance of success. [ 9 ] In view of the above, Appellant's Motion for Provisional Release (dated June 1, 2011) and Requête pour mise en liberté provisoire (dated May 23, 2011) are without further object.

They are to be dismissed. [ 10 ] FOR THESE REASONS: [ 11 ] DISMISSES the appeal; and [ 12 ] DISMISSES the Motion for Provisional Release and the Requête pour mise en liberté provisoire. JACQUES CHAMBERLAND, J.A. JACQUES A. LÉGER, J.A. NICHOLAS KASIRER, J.A.