2019 QCCA 1350, 2019 QCCA 1350

Young c. R. 2019 QCCA 1350 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006850-182 ( 760-36-000728-173, 760-73-001253-166 ) MINUTES OF HEARING DATE: August 9, 2019 CORAM: THE HONOURABLE ROBERT M. MAINVILLE, J.A. PATRICK HEALY, J.A. LUCIE FOURNIER, J.A. APPELLANT COUNSEL CHRISTOPHER YOUNG Mtre JULIAN N. FALCONER ( Falconers LLP ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MARIE-ÈVE TRUDEL ( Public Prosecution Service of Canada ) On appeal from a judgment rendered on August 1 st , 2018 by the Honourable Justice Pierre Labrie of the Superior Court, District of Beauharnois . Amended Motion to Suspend Proceedings

NATURE OF THE APPEAL: Application for certiorari dismissed - Order of committal to trial - Preliminary inquiry Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING Continuation of the hearing held August 7, 209. The parties were excused from appearing in Court. 9:30 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] We are unanimously of the view that the reviewing judge committed no error in refusing to grant certiorari to quash the decision of the judge who presided over the preliminary inquiry.

An order of certiorari may be granted only for jurisdictional error or, exceptionally, error on the face of the record. We are persuaded that the reviewing judge rightly concluded that there was no such error in the decision to commit the accused for trial and that the evidence was sufficient for committal to trial. [ 2 ] In view of this conclusion it is unnecessary for the court to address the appellant’s motion to suspend proceedings in first instance. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the appeal. ROBERT M. MAINVILLE, J.A. PATRICK HEALY, J.A. LUCIE FOURNIER, J.A.