2018 QCCA 642, 2018 QCCA 642

Gardner c. R. 2018 QCCA 642 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006356-172 (500-73-003949-134) MINUTES OF THE HEARING DATE: April 16, 2018 CORAM: THE HONOURABLE JACQUES CHAMBERLAND , J.A. ALLAN R. HILTON , J.A. MARTIN VAUCLAIR , J.A. APPELLANT COUNSEL DEIRDRE CHANTEL GARDNER Mtre STEVEN SLIMOVITCH (Steven G. Slimovitch, avocat) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre GILLES VILLENEUVE (Public Prosecution Service of Canada)

DESCRIPTION : Appeal placed on a special roll pursuant to sections 79 and 97 of the Rules of the Court of Appeal in Criminal Matters Motion to Adduce Fresh Evidence in Appeal ( Section 683(1) of the Criminal Code and Rule 54 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:36 Commencement of the hearing. Identification of counsel.

The Motion to adduce fresh evidence is not contested. 9:36 Representations by Mtre Slimovitch. 9:38 Representations by Mtre Villeneuve. 9:39 Recess. 9:40 Resumption of the hearing. 9:40 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT On the oral request to suspend the file : [ 1 ] The request is DISMISSED .

On the Motion to adduce fresh evidence: [ 2 ] Seeing the absence of contestation; [ 3 ] The Motion is GRANTED : [ 4 ] The Appellant can file in the record the three affidavits presented with the Motion and the Court will determine their admissibility and any weight to be attributed to them. As far as the filing of factum is concerned: [ 5 ] The Appellant must produce her factum no later than August 21 st , 2018 and the Respondent Crown will then have 60 days from service of the Appellant’s factum to produce her factum.

JACQUES CHAMBERLAND, J.A. ALLAN R. HILTON, J .A. MARTIN VAUCLAIR, J.A.