2018 QCCA 1627, 2018 QCCA 1627

Steele Morin c. R. 2018 QCCA 1627 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006704-181 (500-01-102977-144) MINUTES OF THE HEARING DATE : October 3, 2018 THE HONOURABLE nicholas kasirer , J.A. PETITIONER COUNSEL PHILIPPE STEELE MORIN Mtre ALAN GUTTMAN (Guttman & Marier) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre WILLIAM LEMAY (Directeur des poursuites criminelles et pénales) DESCRIPTION : Motion for leave to appeal from a judgment rendered on March 13, 2018, reasons thereof revised on July 10, 2018, by the Honourable Justice Pierre Labrie of the Superior Court, District of Montreal. (Sect. 675(1)

b) Cr.C. , 21 et seq. R.C.A.C.M. ) Clerk : Mihary Andrianaivo Courtroom : RC.18

HEARING 9:39 Start of the hearing. Identification of counsel. Exchanges between the Judge and counsel. The Judge asks the parties what position they would adopt in respect of a possible referral of the motion to the Court. Both parties declare they would not object to a referral of the motion. 9:42 BY THE JUDGE : Judgment – See page 3. 9:43 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Whereas the Petitioner seeks leave to appeal from the sentence; [ 2 ] Considering that the Respondent declares that the Crown would not contest the referral of the motion to the Court; [ 3 ] Considering it is in the interest of justice to do so; [ 4 ] Considering that the parties agreed to plead the file without briefs; [ 5 ] Considering Rules 56, 57, 58 and 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follows: 56(2). Timetable .

In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default . If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal. 57. Documents.

The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed. 58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate.

59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented. The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2). A judge may order that an argument be prepared when the issues raised by the appeal so warrant.

THEREFORE, THE UNDERSIGNED: [ 6 ] REFERS the motion to the Court; [ 7 ] PLACES the case on the role of March 1, 2019, in room Antonio-Lamer at 9:30am, to be pleaded without briefs for a hearing of 60 minutes of duration; [ 8 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than November 21, 2018 , five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 15 pages in length; [ 9 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than January 4, 2019 , five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 15 pages in length; [ 10 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key.

NICHOLAS KASIRER , J.A.