2022 QCCA 1764, 2022 QCCA 1764

Novalinga c. R. 2022 QCCA 1764 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No.: 200-10-003952-228 (605-01-012672-204) (605-01-012536-193) (640-01-042224-197) MINUTES OF THE HEARING DATE: March 16, 2022 THE HONOURABLE GENEVIÈVE COTNAM, J.A. APPLICANT COUNSEL JOSHUA TUKAI NOVALINGA Mtre CLARA DAVIAULT (Yves Ménard Avocats) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ANNIE-CLAUDE BRETON (Director of Criminal and Penal Prosecutions) DESCRIPTION: 1. Motion for leave to appeal from a sentence imposed on January 5, 2022 by the Honourable Dominique Wilhelmy of the Court of Québec, District of Abitibi (s. 675(1)

b) Cr. C .) 2. Motion for leave to appeal from a sentence imposed on January 5, 2022 in a

summary conviction file by the Honourable Dominique Wilhelmy of the Court of Québec, District of Abitibi (s. 675(1.1) Cr.C . )

Clerk at the hearing: Gisèle Tendeng Diène Courtroom: 4.30 - Videoconference HEARING 11:08 Calling of the case and identification of the parties; The judge addresses counsel; Mtre Breton states that she does not contest the referral of the motion to a panel of the Court; 11:09 Discussion between the judge and counsel; 11:10 Submission of Mtre Breton regarding transmission of the stenographer's notes of the oral arguments and the sentencing judgment; 11:10 Mtre Daviault states that she took the necessary steps and that the stenographer’s notes will be sent to Mtre Breton; 11:13 Judgment; Discussion; Mtre Daviault will file her documents that stand in lieu of the brief within 60 days after receipt of the stenographer’s notes of the oral arguments and the sentencing judgment; Mtre Breton will file her documents that stand in lieu of the brief within 60 days after receipt of the respondent's documents that stand in lieu of the brief; 11:16 End of the hearing.

Gisèle Tendeng Diène, Clerk at the hearing JUDGMENT [ 1 ] The applicant is seeking leave to appeal from a sentence imposed on January 5, 2022 in files 605-01-012672-204 and 640-01- 042224-197. He is also seeking leave to appeal from a sentence imposed in

summary conviction file 605-01-012536-193. [ 2 ] The judge sentenced the applicant to a global sentence of 9 years for the three files. Considering the preventive custody, the remaining sentence to be served is 1807 days. [ 3 ] The

summary conviction file is an integral part of the trial judge’s analysis, and the grounds of appeal raised by the applicant apply to all three files. The respondent agrees that the motion under s. 675(1.1) Cr.C . should be granted. I believe that, under the special circumstances of this case, the proper administration of justice warrants that the appeals in these three files be heard together before the Court. [ 4 ] For these reasons, and considering the grounds of appeal, both the motion for leave to appeal from the sentence in files 605-01- 012672-204 and 640-01-042224-197 and the motion for leave to appeal from the sentence in

summary conviction file 605-01-012536- 193 should be granted. FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the applicant’s motion for leave to appeal from the sentence imposed on January 5, 2022 by the Honourable

Dominique Wilhelmy, J.C.Q. in files 605-01-012672-204 and 640-01-042224-197; [ 6 ] GRANTS leave to appeal from the sentence imposed on January 5, 2022 by the Honourable Dominique Wilhelmy, J.C.Q. in file 605-01-012672-204 and 640-01-042224-197; [ 7 ] GRANTS the applicant’s motion for leave to appeal from the sentence imposed on January 5, 2022 by the Honourable Dominique Wilhelmy, J.C.Q. in

summary conviction file 605-01-012536-193; [ 8 ] GRANTS leave to appeal from the sentence imposed on January 5, 2022 by the Honourable Dominique Wilhalmy, J.C.Q. in

summary conviction file 605-01-012536-193; [ 9 ] REFERS the files to the Master of the Rolls so that a hearing date can be scheduled; [ 10 ] ORDERS the appellant, after notification to the respondent, to file with the Office of the Court, no later than 60 days after the notice that the record on appeal is complete (s. 30 R.C.A.Q.C.M. ), five copies of the documents mentioned in s. 60 R.C.A.Q.C.M . and, if applicable, an argument of no more than 30 pages ; [ 11 ] ORDERS the respondent, after notification to the appellant, to file with the Office of the Court, within 60 days of the filing by the appellant of the documents mentioned in s. 60 R.C.A.Q.C.M. and the appellant’s argument, five copies of an argument of no more than 30 pages ; [ 12 ] ORDERS the parties, in accordance with ss. 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single-spaced and indented).

The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm.

The text shall be reproduced on one side only of each sheet; [ 13 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 14 ] ALLOWS the respondent, as provided by the second paragraph of s. 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the appellant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 15 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief.

This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules. The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 16 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with s. 44 R.C.A.Q.C.M . TIME GRANTED FOR ORAL ARGUMENT: Appellant: 30 minutes Respondent: 30 minutes GENEVIÈVE COTNAM, J.A.