2023 QCCA 1579, 2023 QCCA 1579

Khan c. R. 2023 QCCA 1579 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007522-210 , 500-10-007760-224 ( 500-01-186636-194 ) (500-01-201958-201 )(500-01-201959-209) MINUTES OF THE HEARING Caution: An order restricting publication under

section 486.4 Cr.C . was rendered in first instance directing that any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way. DATE: November 13, 2023 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.C.A. PATRICK HEALY, J.C.A. MICHEL BEAUPRÉ, J.C.A. No.: 500-10-007522-210 APPELLANT COUNSEL Shahid hafeez Khan Unrepresented RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Robert Benoit ( Director of Criminal and Penal Prosecutions ) No.: 500-10-007760-224 APPLICANT Shahid hafeez Khan Unrepresented RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Robert Benoit ( Director of Criminal and Penal Prosecutions )

DESCRIPTION: 500-10-007522-210 Appeal placed on a special roll pursuant to

section 75 of the Rules of the Court of Appeal of Quebec in Criminal Matters. 500-10-007760-224 Appeal placed on a special roll pursuant to

section 75 of the Rules of the Court of Appeal of Quebec in Criminal Matters. Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING 9:55 Commencement of the hearing. Identification of the parties. 9:56 Submissions by Mr. Khan. 10:00 Discussion between the Court and Mr. Khan (represented in 1 st instance, judgment of June 12, 2023). 10:07 Mr. Khan resumes his submissions. 10:09 Discussion between the Court and Mr. Khan (motion to the Supreme Court, transcript). 10:14 Submissions by Mtre Benoit. 10:15 Reply by Mr.

Khan. 10:16 Recess of the hearing. 10:40 Resumption of the hearing. 10:41 BY THE COURT: Judgment – see page 4. 10:44 Conclusion of the hearing. René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] In the appeals before the Court, the first proceeding was filed in March 2021 and the appellant was then represented by counsel.

In February 2022, appellant had filed an appeal against verdict and sentence. [ 2 ] Since then, problems with access to transcripts and exhibits and a series of counsel appearing complicated the progress of the appeals. [ 3 ] On January 23, 2023, while represented by counsel, appellant confirmed to the court that the transcripts of his trial were ready and, in February 2023, that he was in possession of the exhibits.

The court file also indicates that the exhibits are available, and that the appellant has access to them. [ 4 ] On June 12, 2023, the court set the delay to file his factums and wrote: [1] Given the appellant's representations that the transcripts are now available for both his appeal on the verdict as well as the appeal of his sentence. [2] Given that the appellant has found a new attorney who is willing to represent him in both matters. [3] Given that a timeline must be set for the filing of the briefs. [4] Given the appellant's representations and the respondent's consent to the period requested by the appellant, on the understanding that the filing date must be respected by the appellant, whether or not he is assisted by a new attorney. [ 5 ] The court set the date for October 3, 2023.

Today, before the Court, the appellant again says that he does not have full access to exhibits and that he cannot be represented by a counsel. We are again struggling with the same reasons for delay that were presented on

numerous court dates. The Court is of the view that these reasons do not justify further delay. FOR THESE REASONS, THE COURT : [ 6 ] DECLARES the appeals abandoned; [ 7 ] ORDERS the appellant to surrender to the prison authorities no later than Thursday, November 16, 2023, at noon. MARTIN VAUCLAIR, J.C.A. PATRICK HEALY, J.C.A. MICHEL BEAUPRÉ, J.C.A.