DATE: 20010424

DOCKET: C33023;

C33024; C32143

COURT OF APPEAL FOR ONTARIO

McMURTRY C.J.O., CARTHY AND LASKIN JJ.A.

B E T W E E N:

HER MAJESTY THE QUEEN

Joel Lehman

for the appellant

Respondent

• and -

JOSEPH MELANSON

Robert Kelly

for the Crown, respondent

Appellant

Heard: December 14 and

15, 2000

On appeal from the order/sentence of Justice Hugh R. McLean dated September 23, 1999.

A D D E N D U M

CARTHY J.A.:

[1] The parties seek directions as to whether the Dangerous Offender application should be remitted to Justice McLean or should be heard by some other judge. The scheme of the Code is to make this part of the sentencing procedure and, if it is convenient to Justice McLean, we think it should be heard by him.

Released: April 24, 2001 “RRM”

“J.J. Carthy J.A.”

“I agree R. McMurtry C.J.O.”

“I agree John Laskin J.A.”