2022 QCCA 1214, 2022 QCCA 1214

Alkhalil c. R. 2022 QCCA 1214 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007398-207 ( 505-01-109175-121 SEQ 001) (500-01-173641-181) MINUTES OF HEARING DATE: September 7, 2022 THE HONOURABLE BENOÎT MOORE, J.A. APPLICANT COUNSEL robby alkhalil Mtre Annik Magri By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Tian Meng M tre magalie cimon ( Director of Criminal and Penal prosecutions ) By videoconference DESCRIPTION: Motion for special method of notifications or dispense of notification (Section 22 and 50 R.C.A.Q.M.C. and

section 109 and following C.P.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING

10:18 Commencement of the hearing. Identification of counsel. Preliminary comments. Mtre Magri informs the judge her intention to cease representing her client. Exchanges between the judge and counsel. 10:23 Mtre Magri ask a dispense of notification of her motion to cease representing her client. Submissions by Mtre Meng. Exchanges between the judge and counsel. 10:29 Comments by Mtre Cimon. 10:32 BY THE JUDGE: Judgment – see page 3. 10:33 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] On September 21, 2020, the appellant filed an appeal on a question of law from the judgment rendered by the Court of Québec on August 21, 2020, in which he was convicted on two counts of conspiracy related to the importation of drugs. [ 2 ] The appellant also faces various other charges, both in British Columbia and in Ontario. [ 3 ] It appears from the affidavits filed in support of the motion, that on July 21, 2022, while the appellant was held at the North Fraser Pretrial Centre in British Columbia, he escaped with the assistance of accomplices.

Since then, he has been a fugitive. [ 4 ] Given these new circumstances, the respondent wishes to file a Motion to Dismiss Appeal as An Abandoned Appeal in the appeal file. To this end and since it is impossible to serve the desired motion on the appellant, as required by s. 50 of the Rules of the Court of Appeal of Quebec in Criminal Matters , the respondent asks for an exemption from that requirement. In light of the circumstances, I will grant the exemption. [ 5 ] I note that s. 50 of the aforementioned Rules also requires that the motion be also served on the appellant’s counsel, if any.

At the hearing, Mtre Magri, counsel for the appellant, indicated that, in the near future, she intends to file a motion to cease representing the appellant. As long as this Court has not granted such a motion, the respondent’s motion to dismiss will have to be served on Mtre Magri. [1] FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Motion for special method of notification ; [ 7 ] EXEMPTS the respondent from serving on the appellant the Motion to Dismiss Appeal as An Abandoned Appeal in file 500-10- 007398-207. BENOÎT MOORE, J.A.