2019 QCCA 1437, 2019 QCCA 1437

Shahid c. R. 2019 QCCA 1437 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007119-199 , 500-10-006999-195 ( 500-01-127525-159 ) MINUTES OF THE HEARING DATE: August 29, 2019 THE HONOURABLE MANON SAVARD, J.A. APPLICANT COUNSEL Imran Shahid Mtre Annie Giguère-Deraps ( Guttman & Marier ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Louis Philippe Meek Baillot ( Director of Criminal and Penal Prosecutions ) DESCRIPTION: Motion to extend the time for appeal (art. 678 (2) Cr.c. ) . Motion for leave to appeal from a sentence imposed on June 7, 2019 by the Honourable Pierre E. Labelle of the Court of Québec, Criminal Division , District of Montreal (art. 675(1)

b) Cr.c. ) . Clerk at the hearing: Annabel D.-Boudrias Courtroom: RC-18 HEARING

9:30 Roll call and identification of the parties. Mtre Giguère-Deraps is absent. Discussion between the judge and Mtre Meek Baillot. Suspension of the hearing. 9:42 Resumption of the hearing. Mtre Giguère-Deraps is now present. 9:44 Mtre Meek Baillot does not contest the motion to extend the time for appeal and does not object to the referral of the motion for leave to appeal to a panel of this Court. Discussion between the judge and the parties. 9:50 Conclusion of the hearing. Annabel D.-Boudrias, Clerk at the hearing JUDGMENT Regarding file #500-10-007119-199 on the sentence [ 1 ] By judgment dated January 28, 2019, the applicant was found guilty of two counts of fraud ( s. 380(1) (

a) Cr.C . ).On February 27, 2019, he filed a notice of appeal as of right against his conviction.

On June 7, 2019, the following sentence was rendered: 10 months of imprisonment on one count and 6 months on the other, to be served consecutively. [ 2 ] The applicant, who had been released pending the determination of this appeal against his conviction ( 2019 QCCA 1102 ), now seeks: (1) leave to appeal from the sentence; and (2) an extension of the time within which the application for leave may be filed (his motion has been filed on July 9, 2019, instead of July 8, 2019). [ 3 ] The respondent, rightly so, does not contest the motion of an extension of time, given the criteria established in Lamontagne v.

R ., 95-28 (C.A.). He also does not object to the referral of the motion for leave to appeal from the sentence to the panel of the Court that will hear the appeal from the applicant’s conviction. [ 4 ] The parties agree that the arguments (maximum 10 pages) on the leave to appeal from the sentence should be filed on the same date than the arguments on the conviction.

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the motion for an extension of the time limit; [ 6 ] EXTENDS the time limit for the filing of the motion for leave to appeal from the sentence; [ 7 ] AUTORIZES the filing of the motion for leave to appeal from the sentence registered on July 9, 2019; [ 8 ] REFERS said the motion for leave to appeal from the sentence to the panel of the Court that will hear the appeal from his conviction (500-10-006999-195) ; [ 9 ] DECLARES that the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure; [ 10 ] ORDERS the applicant, after notification to the respondent, to file with the Office of the Court, no later than October 31, 2019 , fives copies of the documents mentioned in

section 60 R.C.A.Q.C.M . and, if applicable, an argument of no more than 10 pages ; [ 11 ] ORDERS the respondent, after notification to the applicant, to file with the Office of the Court, no later than January 31, 2020 , fives copies of an argument of no more than 10 pages ; [ 12 ] ORDERS the parties, in accordance with sections 18 and 60 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single- spaced and indented). The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for

quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm. The text shall be reproduced on one side only of each sheet; [ 13 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 14 ] ALLOWS the respondent, as provided by the second paragraph of

section 60 R.C.A.Q.C.M . , to notify the duly completed questionnaire to the applicant and file fives copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal; [ 15 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 16 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M .; Regarding file #500-10-006999-195 on the conviction [ 17 ] The parties requested that the date of the filing of their arguments be determined in order for this case to proceed promptly. They also requested that the proceedings on this appeal shall be undertaken, without briefs.

FOR THESE REASONS, THE UNDERSIGNED: [ 18 ] ORDERS the applicant and the respondent to file, within the same delays as the file on the sentence, an argument of no more than 10 pages for the appeal on the conviction; [ 19 ] REFERS both files (conviction and sentence) to the Master of the Rolls to determine the date of the hearing of 90 minutes in duration (45 minutes for the applicant and 45 minutes for the respondent). MANON SAVARD, J.A.