2021 QCCA 228, 2021 QCCA 228

Bains c. R. 2021 QCCA 228 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007464-207 ( 540-01-084628-182 ) MINUTES OF HEARING DATE: February 8, 2021 CORAM: THE HONOURABLE JULIE DUTIL, J.A. PATRICK HEALY, J.A. SIMON RUEL, J.A. APPLICANT COUNSEL GURJINDER SINGH BAINS Mtre STEVEN G. SLIMOVITCH (by videoconference) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre JEAN-SÉBASTIEN BIGRAS ( Criminal and Penal Prosecuting Attorney ) (by videoconference) DESCRIPTION: Amended Motion to extend the appeal delays ( Article 678(2) of the Criminal Code ) Motion for leave to appeal on a ground not mentioned in section 675 (1)a) (

i) or (ii) (Section 675(1)a)(iii) of the Criminal Code , Rules 23 and seq. of the Rules of the Court of Appeal in Criminal Matters ) Motion to adduce fresh evidence in appeal ( Article 683(1) of the Criminal Code and Rule 57 of the Rules of the Court of Appeal in Criminal Matters ) Amended Motion to stay a driving prohibition pending appeal (Section 320.25 (old s. 261) of the Criminal Code ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault

HEARING 10:23 Commencement of the hearing. Identification of counsel. 10:23 Representations by Mtre Bigras 10:26 Representations by Mtre Slimovitch. 10:28 Representations by Mtre Bigras. 10:31 Recess of the hearing. 10:38 Resumption of the hearing. 10:38 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT Amended Motion to Extend the Appeal Delays: [ 1 ] The Applicant presents a Motion to extend the delay to file a Motion for Leave to Appeal. [ 2 ] The Respondent does not oppose this motion.

FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion; [ 4 ] EXTENDS the delay to present a Motion for Leave to Appeal. Motion for Leave to Appeal: [ 5 ] The Applicant presents a Motion for leave to appeal on the ground that his guilty plea was made without full and correct understanding of the legal and relevant consequences of the plea. [ 6 ] The Respondent does not oppose the Motion. [ 7 ] The Court is of the opinion that leave to appeal should be granted.

FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the Motion for Leave to Appeal; [ 9 ] AUTHORIZES the Applicant to appeal the judgment rendered on September 23 rd , 2020 by the Honourable Judge Frédérique Bénard of the Court of Quebec, Criminal and Penal Division, sitting in and for the District of Laval, in Court file no. 540-01-084628-182. Motion to Adduce Fresh Evidence: [ 10 ] The Applicant presents a Motion to adduce fresh evidence in appeal.

He seeks to file two affidavits in support of his allegation that he received incorrect legal advice from his counsel upon which he pleaded guilty. [ 11 ] The Respondent does not oppose the Motion. [ 12 ] The Court is of the opinion that leave should be granted to file the evidence. FOR THESE REASONS, THE COURT: [ 13 ] ALLOWS Appellant to present fresh evidence to wit (exhibits M-1 and M-2) the affidavits of: • Me Bruno Bouthillier dated January 5, 2021. • Gurjinder Singh Bains dated January 2, 2021.

[ 14 ] DEFERS the question of the admissibility of the fresh evidence to the panel of the Court who will hear the appeal, for it to rule on the admissibility; [ 15 ] ALLOWS Respondent to cross-examine the Appellant and the Trial Counsel before March 15, 2021. Amended Motion to Stay a Driving Prohibition Pending Appeal: [ 16 ] The Appellant presents a Motion to stay a driving prohibition pending the appeal. The Respondent does not oppose the motion, but the Court is of the opinion that the motion is not consistent with the public interest. FOR THESE REASONS, THE COURT: [ 17 ] DISMISSES the motion. JULIE DUTIL, J.A. PATRICK HEALY, J.A. SIMON RUEL, J.A.