Lena c. Donnacona Prison 2011 QCCA 98 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC N o : 200-10-002553-100 (200-36-001654-102) MINUTES OF THE HEARING January 27 th , 2011 THE HONOURABLE LOUIS ROCHETTE, J.A. (JR0983) BENOÎT MORIN, J.A. (JM1549) JEAN BOUCHARD, J.A. (JB3398) APPELLANT ATTORNEY MICHAEL ANGELO LENA PERSONALLY RESPONDENTS ATTORNEY DONNACONA PRISON SYLVIE PATENAUDE RICHARD PAQUET MAURICE LABRESQUE CAROLINE TREMBLAY CAROLINE BÉDARD PIERRE PAQUET ATTORNEY GENERAL OF CANADA NADIA HUDON (Joyal, Leblanc) CANADIAN CORRECTIONAL OFFICERS UNION FOR QUEBEC ATTORNEY GENERAL OF QUEBEC

In appeal of a judgment rendered on August 2 nd , 2010 by the Honourable Justice Richard Grenier from Superior Court, district of Quebec. NATURE OF THE APPEAL : 1. Motion of the appellant to subpoena order witnesses to be examined under oath at the hearing of the appeal to provide proof of perjury by respondents counsel in relation to written representations prepared by Joyal Le Blanc 2. Habeas Corpus Clerk : Michèle Blanchette (TB3352) Court Room : 4.21 HEARING 14 : 08 Comments of the Court; Comments of Mr Lena; 14 : 10 Comments of the Court about the motion of Mr Lena; Comments of Mr Lena; 14 :13 Judgment.

BY THE COURT JUDGMENT [ 1 ] It is not the role of a court of appeal to hear witnesses and to admit fresh evidence, except in special circumstances [1] . [ 2 ] The conditions justifying to make such an exception are not met in this case. FOR THESE REASONS, THE COURT : [ 3 ] DISMISSES the motion of the appellant to subpoena order witnesses to be examined under oath at the hearing of the appeal. LOUIS ROCHETTE, J.A.

BENOÎT MORIN, J.A.

JEAN BOUCHARD, J.A. 14 : 13 Comments of the Court; Comments of Mr Lena about the facts that occurred after the judgement rendered on August 2 nd , 2010 by the Honourable Justice Richard Grenier (Superior Court); 14 : 22 Comments of the Court about the context in which we make the present hearing; Comments of Mrs Hudon; 14 : 26 Comments of Mr Lena about his appeal; Comments of the Court; 14 : 47 Mr Lena submits that the Court have all the relevant materials to examine the merits of the case; Comments of the Court; Comments of Mr Lena; 15 : 01 Comments of Mrs Hudon; Comments of the Court; 15 : 10 Mrs Hudon confirms that the Court have all the relevant materials to examine the merits of the case; 15 : 11 Response of Mr Lena; Comments of the Court; The case is taken under advisement. (

s) Court Clerk