2014 QCCA 1826, 2014 QCCA 1826

O'Reilly c. R. 2014 QCCA 1826 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005701-147 (500-01-002508-080) MINUTES OF THE HEARING DATE: October 2, 2014 THE HONOURABLE MARTIN VAUCLAIR , J.A. PETITIONER ATTORNEY GÉRALD O’REILLY Mtre VALENTINA CORSETTI ( Schurman Longo Grenier ) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre ISABELLE DORAY ( Criminal and Penal Prosecutor ) DESCRIPTION: Motion to leave to appeal from orders of forfeiture – Sections 462.37 , 462.44 , 674 , 675(1) (

b) of the Criminal Code and Articles 21 & seq. of the Rules of the Court of Appeal in Criminal Matters Motion for leave to appeal from sentence Article 675(1) (a)(ii) of the Criminal Code and Articles 21 & seq. of the Rules of the Court of Appeal in Criminal Matters

Clerk: Asma Berrak Courtroom: RC-18 HEARING 10 :03 Commencement of the hearing. Identification of counsel. Mtre Doray is excused from appearing in Court this morning. Discussion between the Judge and Mtre Corsetti. 10:06 Judgment-see page 3. 10:07 Conclusion of the hearing. (

s) Clerk BY THE JUDGE JUDGMENT [ 1 ] CONSIDERING the pending appeal on conviction; [ 2 ] CONSIDERING the decision ( 2014 QCCA 1311 ) granting release of the Petitioner pending determination of appeal; [ 3 ] CONSIDERING the Petitioner’s motions for leave to appeal from a judgment imposing a sentence and for leave to appeal from the orders of forfeiture; [ 4 ] CONSIDERING the Respondent’s consent to defer both motions to the Court; [ 5 ] CONSIDERING the Respondent’s consent to suspend the execution of the forfeiture orders; [ 6 ] CONSIDERING article 683(5) of the Criminal Code ; [ 7 ] CONSIDERING the Rules of the Court of Appeal in Criminal Matters and more specifically the following: 55.

(1) A judge may refer a motion for leave to appeal from a judgment imposing a sentence to the Court without adjudicating it. 56.

(2) In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum.

(3) If the documents are not filed before the time limit has passed, the Clerk shall file a certificate of default in the record and shall

thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and the judges who are to hear the motion or the appeal. 57. The appellant shall file the following documents: (

a) the motion for leave to appeal; (

b) the indictment; (

c) the sentence, including the reasons and the conclusion; (

d) the depositions from the sentencing hearing, if any; (

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence; and (

f) the questionnaire on the form in

Schedule 1, duly completed. 58. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59.

(1) The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one- half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented. The characters shall be in 12- point font size, and there shall be no more than 12 characters per 2.5 cm.

(2) A judge may order that an argument be prepared when the issues raised by the appeal so warrant.

FOR THESE REASONS, the undersigned: [ 8 ] DEFERS the motion for leave to appeal from a judgment imposing a sentence and for leave to appeal from the orders of forfeiture to the Court who will hear the appeal on conviction; [ 9 ] SUSPENDS the execution of the forfeiture orders pending the Appeal until the judgment from the Court; [ 10 ] ORDERS the parties to file, with their factums on the conviction appeal, the documents required by the Rules of the Court of Appeal in Criminal Matters ; [ 11 ] ORDERS the parties to file, with their factums on the conviction appeal, an argument no longer than 10 pages in length for the two motions.

MARTIN VAUCLAIR , J.A.