2017 QCCA 1021, 2017 QCCA 1021

Mohamed c. R. 2017 QCCA 1021 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006401-176 (500-73-004113-144) MINUTES OF THE HEARING DATE: June 21, 2017 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER COUNSEL MUBARAKA MOHAMED Mtre XAVIER PRINGLE Gélinas, Leclerc, Teolis, avocats RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ISABELLE DESROSIERS (Public Prosecution Service of Canada) DESCRIPTION: Amended motion for leave to appeal against the sentence rendered on March 3, 2017 by Myriam Lachance of the Court of Quebec, District of Montreal (Section 675(1)

b) Cr.C. and

Section 21 of the Rules of the Court of Appeal in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: RC-18

HEARING 9:36 Commencement of the hearing. Identification of counsel. The Motion for leave to appeal is not contested. 9:37 Judgment – see page 3. 9:43 Representations by Mtre Pringle and discussion with Mtre Desrosiers. In order to avoid the necessity to transcribe the pleadings before the first instance judge, the parties will agree to an admission of the fact that the judgment mentioned in para. 6.4 of the motion for leave to appeal was brought to her attention. 9:43 Conclusion of the hearing.

Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] Pursuant to s. 55 and ff. of the Rules of the Court of Appeal of Quebec in Criminal Matters the motion for leave to appeal, which is not contested, shall be referred to the Court. [ 2 ] The parties agree to plead the file without briefs. Rules 56, 57, 58 and 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters consequently apply and read as follows: 56(2). Timetable .

In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default . If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal. 57. Documents.

The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed. 58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented.

The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2). A judge may order that an argument be prepared when the issues raised by the appeal so warrant.

THEREFORE, THE UNDERSIGNED: [ 3 ] REFERS the Amended motion for leave to appeal to a panel of the Court, to be heard at the same time as the appeal, according to sub-s. 55(2) of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 4 ] PLACES the case on the roll of October 20, 2017 in room Antonio-Lamer at 9:30am, to be pleaded without briefs for a hearing of 60 minutes of duration (30 minutes for each party); [ 5 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court, no later than July 31, 2017, five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 6 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than August 31, 2017, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length; [ 7 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search.

The USB drive is preferred by the Court, but CD / DVD-ROM are also accepted. marie-france bich , J.A.