Sparks c. R. 2016 QCCA 790 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No : 200-10-003215-162 ( 200-36-002254-159) MINUTES OF THE HEARING DATE : May 4, 2016 CORAM : THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. (JD1739) MANON SAVARD, J.A. (JS1269) JEAN-FRANÇOIS ÉMOND, J.A. (JE0144) APPELLANT ATTORNEY JEFFERY ALLAN SPARKS SELF-REPRESENTED RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre PIERRE BIENVENUE (AB9932) (Criminal and penal prosecuting attorney) In appeal of a judgment rendered on December 18, 2015, by the Honourable Justice Simon Ruel of the Superior Court, district of Quebec.

NATURE OF THE APPEAL : Certiorari Clerk : Marianik Faille (TF0891) Courtroom: 4.21 HEARING 14 h 16 The Court suggests to hear the respondent’s arguments first and then let Mr. Sparks respond; Mr. Sparks agrees; 14 h 17 Observations of Mtre Bienvenue; Observations of the Court; Mtre Bienvenue continues; 14 h 45 Observations of Mr. Sparks; Observations of the Court; Mr. Sparks continues; 14 h 53 Exchanges between the Court and Mtre Bienvenue; 15 h 01 Suspension; 15 h 43 End of suspension; Judgment. (

s) Court Clerk BY THE COURT JUDGMENT [ 1 ] Considering that the sentencing judgment has acquired the authority of res judicata. [ 2 ] Considering that the sentencing judge stated expressly that the global sentence of 10 years would be deemed to have started on March 15, 2010. [ 3 ] Considering that neither the Federal Court nor the Federal Court of Appeal have jurisdiction to modify a Warrant of committal. [ 4 ] Considering the discrepancies between the conclusions of the sentencing judgment and the terms of the Warrant of committal. [ 5 ] Considering however that it is also manifest that the Warrant correctly reflects the global and particular penalties imposed by the sentencing judge. [ 6 ] Considering that the application for certiorari therefore served no practical purposes. [ 7 ] Considering that, without endorsing the totality of the reasoning of the first judge, the Court is of the unanimous view that he did not improperly exercise his discretion in refusing to issue the writ of certiorari.

WHEREFORE THE COURT: [ 8 ] DISMISSES the appeal.

NICOLE DUVAL HESLER, C.J.Q. MANON SAVARD, J.A. JEAN-FRANÇOIS ÉMOND, J.A.