Morgan c. R. 2018 QCCA 1722 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006581-175 (500-01-147749-169) MINUTES OF THE HEARING DATE: September 24, 2018 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. PETITIONER JONATHAN MORGAN Personally RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre MARIE-EVE MAYER (Ministère de la Justice (DGAJLAJ)) DESCRIPTION: Petition to change the probation order. ( Art. 732.2(3) C.cr . ) Clerk: Lory Beauregard Courtroom: RC-18 HEARING

9:31 Commencement of the hearing. 9:32 Submissions of M. Morgan. 9:36 Submissions of Me Mayer. Mtre Mayer submits past proceedings to the judge. 9:38 Mtre Mayer submits a past proceeding to the judge. 9:39 Mtre Mayer submits a copy of her authorities to the judge. 9:42 Rebuttal by M. Morgan. 9:43 Recess of the hearing. 9:55 Resumption of the hearing. BY THE JUDGE : Judgment – see page 3. 9:58 Conclusion of the hearing. (

s) Lory Beauregard Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the petition to change a probation order; [ 2 ] Considering that the petitioner has not yet presented his motion to extend the delay to file an appeal nor his motion for suspension of sentence which are both presentable on October 1 st , 2018; [ 3 ] Considering that the undersigned does not have jurisdiction to modify the probation order and that the application must be presented to the Court having ordered said probation, as provided under subsection 732.2 (3) of the Criminal Code (see R. v. Umakathan , 2017 QCCA 198 , para. 3 and R. v.

Shaw , 2014 ABCA 6 , para. 9-10 ); [ 4 ] Considering that the petition fails to allege the following relevant and important fact, which the undersigned only learned about during the hearing, being that on July 5, 2018, the petitioner presented a similar application to the sentencing judge who only accepted a slight variation of the probation order which now reads as follows regarding the petitioner’s access to social media and to Prescott Russel County and Champlain County: 10. NOT BEING ON ANY SOCIAL MEDIA; 11.

REFRAIN TO GO IN PRESCOTT RUSSEL COUNTY AND CHAMPLAIN COUNTY (ONTARIO), EXCEPT WHILE USING A PUBLIC TRANSPORTATION VEHICULE THAT GOES DIRECTLY TO OTTAWA. [ 5 ] Considering that the undersigned is not seized of an application for leave to appeal of the sentencing judge’s decision of July 5, 2018; FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] DISMISSES the application to modify the probation order for want of jurisdiction. GENEVIÈVE MARCOTTE , J.A.