2021 QCCA 120, 2021 QCCA 120
Opinion
Azevedo c. R. 2021 QCCA 120 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007320-201 ( 500-01-103273-147 , 500-01-118816-153) MINUTES OF HEARING WARNING: AN ORDER UNDER SS. 486.4(1) OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIM OR A WITNESS IN THIS PROCEEDING SHALL CONTINUE ON APPEAL. DATE: January 25, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A.
APPLICANT COUNSEL Leandro Azevedo Unrepresented By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Marie-Eve Mayer ( Director of Criminal and Penal Prosecutions ) By videoconference DESCRIPTION: Motion for leave to appeal from a sentence imposed on March 10, 2020 by the Honourable Alexandre Dalmau of the Court of Québec , District of Montréal (Art. 675
(1) b) C.cr . ). Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:33 Commencement of the hearing. Identification of counsel. The judge addresses Mr. Azevedo. 9:35 Submissions by Mr. Azevedo, asks to postpone his case file at a further date to find a lawyer.
9:37 Submissions by Mtre Mayer. 9:39 Reply by Mr. Azevedo. 9:43 BY THE JUDGE: Judgment – see page 3. 9:45 Conclusion of the hearing.
Mélanie Camiré, Clerk at the hearing JUDGMENT WARNING: AN ORDER UNDER SS. 486.4(1) OF THE CRIMINAL CODE RESTRICTING THE PUBLICATION OF ANY INFORMATION THAT COULD IDENTIFY THE VICTIM OR A WITNESS IN THIS PROCEEDING SHALL CONTINUE ON APPEAL. [ 1 ] Considering that the applicant is seeking leave to appeal a judgment rendered by the Court of Québec on March 10, 2020, in which he was: sentenced to 90 months’ (file No. 500-01-103273-147) and 12 months’ imprisonment (file No. 500-01-118816-153); found to be a long-term offender; and ordered to be subject to long-term supervision for a period of 10 years; [ 2 ] Considering that the motion for leave to appeal is not contested; [ 3 ] Considering that, during the hearing held on November 24, 2020 before the Honourable Martin Vauclair, J.A., the applicant’s lawyer was authorized to withdraw from the present case; [ 4 ] Considering that, during that same hearing, the applicant also indicated that he intended to appoint another lawyer; [ 5 ] Considering that the applicant further indicated that he intended to appeal the verdicts rendered on December 7, 2018, in both files; [ 6 ] Considering that, at the end of that same hearing, the matter was postponed until January 25, 2021; [ 7 ] Considering the applicant’s comments to the effect that he has not yet been able to secure legal representation for the present file; [ 8 ] Considering the applicant’s verbal request for a further postponement to allow him the opportunity to secure legal representation; [ 9 ] Considering the respondent’s acknowledgment that it would be in the applicant’s interest to secure legal representation for the present file; [ 10 ] Considering that it is in the interest of justice to postpone the motion for leave to appeal until March 1 st , 2021; FOR THESE REASONS, THE UNDERSIGNED: [ 11 ] POSTPONES the applicant’s motion for leave to appeal until March 1 st , 2021.
FRÉDÉRIC BACHAND, J.A.
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