2014 QCCA 2322, 2014 QCCA 2322

Chemama c. R. 2014 QCCA 2322 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005357-130, 500-10-005444-136, 500-10-005556-145 ( 500-01-049364-109, 500-01-048577-107 ) MINUTES OF THE HEARING DATE: December 10, 2014 THE HONOURABLE MANON SAVARD, J.A. PETITIONER ATTORNEY / COUNSEL ERICH CHEMAMA In person RESPONDENT ATTORNEY / COUNSEL HER MAJESTY THE QUEEN Mtre matthew ferguson ( Criminal and penal prosecuting attorney ) DESCRIPTION: Emergency notice of application and motion for a stay for execution. Notice of application for release pending appeal Clerk: Asma Berrak Courtroom: RC.18

HEARING 9 :59 Commencement of the hearing. Identification of counsel. Discussion between the Judge and Mr. Chemama. Submission by Mr. Chemama about the motion for a stay of execution. 10:04 Submission by Mtre Ferguson. 10:07 Discussion between the Judge and Mr. Chemama. 10:11 Amendment by Mr. Chemama. Judgment-see page 3. 10:12 Submission by Mr. Chemama about the motion for release pending appeal. 10:18 Submission by Mtre Ferguson. 10:29 Reply by Mr. Chemama. 10:40 Suspension. 10:50 Resumption. Judgment-see page 3. 10:51 Discussion between the Judge and Mr. Chemama. 10:53 Conclusion of the hearing.

Clerk BY THE JUDGE JUDGMENT MOTION FOR A STAY OF EXECUTION PENDING APPEAL [ 1 ] On June 6, 2014, the Court dismissed Mr. Chemama’s application to appoint Mtre Daniel Brodsky to represent him in his various appeals before this Court. The Court however decided to name an amicus curiae to assist it in the conduct of some of Mr.

Chemama’s appeals, namely, the appeals from the conviction (500-10-005357-130) and sentence (500-10-005444-136) imposed by Justice Leblond of the Court of Quebec as well as the conviction returned by a jury of the Superior Court presided by Justice Jean- François Buffoni (500-10-005556-145), and if necessary, any appeal(

s) arising from the sentence to be imposed by Justice Jean-François Buffoni. Subsequent to June 6, 2014, Mtre Paul Skolnik was appointed to act in such capacity. [ 2 ] Mr. Chemama now seeks leave to appeal the judgment of the Court to the Supreme Court of Canada and has filed a notice of application for leave (file number 36215). [ 3 ] Pursuant to art. 65.1 of the Supreme Court Act, Mr.

Chemama moves for a stay of the execution of the judgment of the Court of Appeal « until final disposition of the Applicant’s appeal […] ». [ 4 ] The Crown does not oppose that a stay be granted until the Supreme Court adjudicates the application for leave to appeal. [ 5 ] At the hearing, Mr. Chemama’s amended verbally his motion to withdraw his request for the stay of execution of the « final judgment from the Superior Court of Quebec in Montreal, that Justice Jean-François Buffoni made on August 22, 2014, September 12, 18, 19, 2014 in file No. 500-01-048577-107) […] ».

Again, the Crown does not oppose said amendment. FOR THESE REASONS, THE UNDERSIGNED : [ 6 ] GRANTS the motion as amended during the hearing; [ 7 ] ORDERS that the execution of the judgment of the Court of Appeal dated June 6, 2014, in the present matter be stayed until the judgment of the Supreme Court on Mr. Chemama’s application for leave to appeal is rendered. MOTION FOR RELEASE PENDING APPEAL [ 8 ] Mr. Chemama has applied for interim release pending the determination of his Application for Leave to Appeal at the Supreme

Court of Canada, file No 36125. [ 9 ] Mr. Chemama is presently detained pending sentence following his conviction for sexual assaults returned by a jury of the Superior Court presided by Justice Jean-François Buffoni. [ 10 ] In view of Mr. Chemama’s motion, which does not respect rule 53 of the Rules of the Court of Appeal in criminal matters , I am of the view that Mr.

Chemama has failed to satisfy his burden to convince of the three criteria of subsection 679(3) of the Criminal Code , and particularly that his detention is not necessary in the public interest given his criminal record and the nature of the infractions for which he was found guilty. THEREFORE, THE UNDERSIGNED: [ 11 ] DISMISSES the motion for release from custody pending appeal. MANON SAVARD, J.A.