2018 QCCA 149, 2018 QCCA 149

Gangoo-Bassant c. R. 2018 QCCA 149 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006544-173 (760-01-082987-162) MINUTES OF THE HEARING DATE: January 29, 2018 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE , J.A. PATRICK HEALY , J.A. CLAUDINE ROY , J.A. APPELLANT COUNSEL ROBERT GANGOO-BASSANT Mtre HUGO D’ASTOUS (Roy et associé

s) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre KIM EMOND (Directeur des poursuites criminelles et pénales)

DESCRIPTION : Motion for leave to appeal from conviction on “other” grounds (Section 675(1)a)(iii) of the Criminal Code and Sections 21 and seq. of the Rules of the Court of Appeal in Criminal Matters ) Application to adduce fresh evidence ( Section 683(1)

a) of the Criminal Code and

Section 26(

e) of the Rules of the Court of Appeal of Quebec in Criminal Matters ) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:30 Commencement of the hearing. Identification of counsel. 9:32 Representations by Mtre D’Astous. 9:43 Mtre D’astous amends verbally his Application to adduce fresh evidence : the Appellant does not seek anymore to adduce in appeal an expert evidence regarding technological issue.

Mtre D’Astous amends verbally his Application for leave to appeal from conviction on “other” grounds to add the following conclusion: Grant leave to appeal. 9:44 Representations by Mtre Emond. 9:45 Recess. 9:52 Resumption of hearing. 9:52 By the Court: judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The Motion for leave to appeal is granted but only on the first ground of appeal, namely the alleged incompetence of counsel. [ 2 ] The Application to adduce fresh evidence is allowed for procedural purposes: the appellant will produce evidence but whether or not that evidence will be considered admissible will depend on what the bench hearing the appeal will decide. [ 3 ] The Appellant will have until February 19, 2018 to file this evidence, which may take the form of affidavits on the basis of which the Crown may wish to cross-examine. [ 4 ] The Crown will have until March 9, 2018 to exercise its right to cross-examine, if it so desires. [ 5 ] Appellant will have until April 16, 2018 to produce his factum and, to the extent necessary, the transcripts of the new evidence. [ 6 ] Should the parties be unable to meet these deadlines, or for any other question or request regarding the management of the present case, they may contact Mtre Julie Devroede, at the office of the Court.

YVES-MARIE MORISSETTE, J.A. PATRICK HEALY, J.A. CLAUDINE ROY, J.A.