2015 QCCA 378, 2015 QCCA 378

Dayfallah c. R. 2015 QCCA 378 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005828-155 (500-01-053587-116, 500-01-022985-094, 500-01-102789-143, 500-01-056362-111, 500- 01-058697-118, 500-01-066910-115, 500-01-097841-131, 500-01-102773-147, 500-01- 097840-133, 500-01-097836-131, 500-01-097837-139, 500-01-097838-137, 500-01- 102783-146, 500-01-106643-148, 500-01-097839-135) MINUTES OF THE HEARING DATE : February 25, 2015 THE HONOURABLE MR. JUSTICE MARTIN VAUCLAIR , J.A.

PETITIONER ATTORNEY ALI DAYFALLAH Mtre DEBORA DE THOMASIS RESPONDENT ATTORNEYS HER MAJESTY THE QUEEN Mtre MICHEL PENNOU Mtre BIANCA CATHERINE ROSSI (Directeur des poursuites criminelles et pénales) DESCRIPTION : Motion for leave to appeal of a sentence ( Art. 675

(1) b) C.cr . and Rules 55 and 57 of the Rules of the Court of Appeal of Quebec in Criminal Matters ) Clerk : Robert Osadchuck Courtoom: RC-18

HEARING 9 h 34 Commencement of the hearing. 9 h 34 Submissions by Mtre De Thomasis. 9 h 38 Submissions by Mtre Pennou. 9 h 46 Recess. 9 h 51 Resumption of the hearing. 9 h 51 Judgment - see page 3.

Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] The Petitioner is seeking leave to appeal a 66-month sentence following guilty pleas on numerous counts. [ 2 ] CONSIDERING the motion and the arguments heard; [ 3 ] CONSIDERING the consent of the parties that the appeal be heard without factums; [ 4 ] CONSIDERING it is appropriate to refer the motion for leave to appeal to the Court; [ 5 ] CONSIDERING sections 55, 57, 58, 59 and 60 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follow: 55.

(1) A judge may refer a motion for leave to appeal from a judgment imposing a sentence to the Court without adjudicating it.

(2) The Court may hear the motion and the appeal at the same time and adjudicate the matter without factums. It may also dispose only of the motion and, if leave is granted, postpone the hearing of the appeal. 56.

(1) A Judge who grants or refers a motion for leave to appeal from a sentence may, with the consent of the parties, allow the appeal to be heard without factums, on the basis of the fast track procedure.

(2) 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.

(3) 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 the judges who are to hear the motion or the appeal. 57. 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; and (

f) the questionnaire on the form in

Schedule 1, duly completed. 58. 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) 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.

(2) A judge may order that an argument be prepared when the issues raised by the appeal so warrant. 60. In an appeal from sentence, the Judge or the Court may authorize that certain documents required to constitute the file be filed in a computer format rather than on paper when all of the parties to the appeal consent. The parties then produce the argument, the motion for leave to appeal on paper, as well as the indictment, the sentence, including the reasons and the conclusion, and those parts of the documents to which they refer specifically in their argument.

The complete texts of the documents are then filed on a CD-ROM or any other computer format that at a minimum has a keyword search capacity and, when possible, hyperlink connections between the index, the proceedings, the exhibits and the depositions. [ 6 ] CONSIDERING rule 60, the parties are encouraged to file a PDF-searchable computer format of the documentation on a CD- ROM or the common equivalent.

FOR THESE REASONS, the undersigned: [ 7 ] REFERS the motion for leave to appeal to the Court; [ 8 ] PLACES the case on the role of May 8, 2015 , at 9:30 a.m., in Mignault Room, to be pleaded without factums for a duration of 45 minutes, shared equally between the parties; [ 9 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than March 11, 2015 , five copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 10 ] ORDERS respondent , after serving a copy upon the petitioner, to file at the Office of the Court, no later than April 13, 2015 , five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length. martin vauclair , J.A.