R. c. Simpson 2014 QCCA 1143 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005306-129 (500-01-051806-112) (500-01-057885-110) MINUTES OF THE HEARING DATE: MAY 30, 2014 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. FRANCE THIBAULT, J.A. PIERRE J. DALPHOND, J.A. APPELLANT ATTORNEY HER MAJESTY THE QUEEN Mtre Dennis Galiatsatos CRIMINAL & PENAL PROSECUTOR RESPONDENTS ATTORNEY ANDREW SIMPSON KIZZY-ANN FARELL Personally

In appeal from a judgment rendered on November 15, 2012 by the Honourable Madam Justice Manon Ouimet of the Court of Quebec, District of Montreal. Nature of the appeal : Appeal from verdicts of acquittal Court Clerk : Linda Côté Courtroom : Pierre-Basile-Mignault HEARING 09:35 Respondents are absent at 9h30 – recess of the hearing for the moment. 11:52 Commencement of the hearing. 11:53 Submissions by Mrs. Kizzy-Ann Farell about her lateness and the absence of Mr. Simpson in the courtroom. 11:58 Submissions by Mtre Dennis Galiatsatos. 12:07 Mr.

Andrew Simpson is present. 12:07 Submissions continued by Me Galiatsatos. 12:37 Recess. 12:47 Resumption. 12:48 JUDGMENT rendered – see page 3. 12:49 End of the hearing. Linda Côté Court Clerk BY THE COURT JUDGMENT [ 1 ] It was the Crown’s burden to establish beyond a reasonable doubt that the Respondents had no color of right to occupy the premises. The trial judge concluded that it had failed to do so. In the opinion of the majority, the Appellant fails to demonstrate any

reviewable error in the verdicts of acquittal on all charges and the appeal must be dismissed. [ 2 ] For her part, justice Thibault, in dissent, would have allowed the appeal and ordered a new trial, on the basis that the absence of a right of occupation had been demonstrated beyond a reasonable doubt and that the inspector’s visit accompanied by policemen was legal (Chabalar c. Ville de Laval, [2004] J.Q. 149 ). FOR THESE REASONS, THE COURT : [ 3 ] DISMISSES the appeal. NICOLE DUVAL HESLER, C.J.Q. FRANCE THIBAULT, J.A. PIERRE J. DALPHOND, J.A.