2018 QCCA 1987, 2018 QCCA 1987

Chemama c. R. 2018 QCCA 1987 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005556-145, 500-10-006208-167 500-10-005357-130, 500-10-005444-136 (500-01-049364-109, 500-01-048577-107) MINUTES OF THE HEARING DATE: November 20, 2018 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE , J.A. ROBERT M. MAINVILLE , J.A. MARIE-JOSÉE HOGUE , J.A. APPLICANT COUNSEL CORRECTIONAL SERVICES OF CANADA Mtre STÉPHANE ARCELIN ( Justice Canada, Direction du droit règlementaire) APPELLANT ERICH CHEMAMA ABSENT RESPONDENT COUNSEL her majesty the queen Mtre mariannA ferraro (Directeur des poursuites criminelles et pénales)

Mtre PAUL SKOLNIK (as amicus curiae) assisted by Ms. TANYA MASSABNI (Articling student) DESCRIPTION : Application of the Correctional Services of Canada to modify the Court of Appeal order issued on September 29, 2016 . (Rule 65 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: Antonio-Lamer HEARING 9:31 Beginning of the hearing. The Appellant, Erich Chemama is supposed to appear through videoconference from the Regional Reception Centre – Special Handling Unit, Ste-Anne-des-Plaines but he is absent.

Address by the Honourable Yves-Marie Morissette regarding the Appellant’s motions seeking recusal of both Justice Robert M. Mainville and Marie-Josée Hogue. 9:32 Mr. Hodnick Cuprien, a warden at the Regional Reception Centre informs the Court, through videoconference, that the Appellant has been put on suicide watch and that the latter is not willing to appear before the Court, today.

Address by Mtre Stéphane Arcelin. 9:33 Mtre Paul Skolnik suggests to the Court that it would be appropriate to suspend today’s proceedings in the absence of the Appellant. 9:35 Exchanges between the Court and Mtre Skolnik. 9:38 Address by Mtre Arcelin in respect of the recusal motions. 9:39 Justices Mainville and Hogue having declined to recuse themselves, the motions for recusal are dismissed. Recess. 9:45 Resumption.

Ruling on Mtre Skolnik’s request to postpone today’s hearing – See page 4. 9:46 Address by Mtre Skolnik. 9:49 Comments by the Court. 9:50 Submissions by Mtre Arcelin. 9:55 Submissions by Mtre Skolnik. 10:13 Recess. 10:16 Resumption. Mtre Skolnik continues with his submissions. 10:36 Submissions by Mtre Marianna Ferraro. 10:39 Recess.

10:44 Resumption. Rebuttal by Mtre Arcelin. 10:47 BY THE COURT: The motion to modify the Court of Appeal order of September 29, 2016 is taken under advisement. End of the hearing. Mihary Andrianaivo Clerk BY THE COURT JUDGMENT Ruling on Mtre Skolnik’s request to suspend today’s proceedings : [ 1 ] Whether or not the respondent is entitled to be present pursuant to section 688 (2.1) (

b) of the Criminal Code , it is apparent that, irrespective of the correct

interpretation of this provision, the Respondent, who is incarcerated, chose in this instance not to be present, despite the fact that he was notified of the hearing, that he was invited to attend it, and that all appropriate steps were taken by the Applicant to facilitate his presence by videoconferencing. FOR THESE REASONS, THE COURT: [ 2 ] DISMISSES the request for a postponement. [ 3 ] PROCEEDS with the hearing as scheduled. YVES-MARIE MORISSETTE, J.A. ROBERT M. MAINVILLE, J .A.

MARIE-JOSÉE HOGUE, J.A.