2023 QCCA 424, 2023 QCCA 424

Khan c. R. 2023 QCCA 424 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 was rendered in first instance directing that any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way.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: February 20, 2023 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A. PETER KALICHMAN, J.A. No.: 500-10-007522-210 APPELLANT Shahid hafeez khan Unrepresented RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Marianna Ferraro ( Director of Criminal and Penal Prosecutions ) No.: 500-10-007760-224 APPLICANT COUNSEL Shahid hafeez khan Mtre Christian Kénol RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre Marianna Ferraro ( 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 counsel. Submissions of Mtre Kénol. 9:56 Discussion between the Court and Mtre Kénol. Mtre Kénol will represents Mr. Khan in the file 500-10-007522-210 and the appearance will be file on or before February 24, 2023. 9:57 Submissions by Mtre Ferraro.

She informs the Court that the exhibits are now available except for one audio file that will be sent to the Court’s office. 9:58 The transcript for the sentence should be available at the end of June. Discussion between the Court and the parties for case management. 9:59 BY THE COURT: Judgment – see page 4. 10:00 Conclusion of the hearing. René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] Considering that Mtre Kénol is now counsel of record for the appeal on the verdict and will formally file his appearance for the appellant Mr.

Khan in file 500-10-007522-210; [ 2 ] Considering that Mtre Kénol proposes to file the factum for the verdict appeal while waiting for the English transcriptions (5 days), relevant to the sentence appeal, which are being processed and should be available at the end of June 2023; [ 3 ] Considering that the exhibits for the verdict appeal are now available; [ 4 ] Considering that is appropriate to set a in date mid-June 2023 to monitor the progress in both appeals; FOR THESE REASONS, THE COURT: For the file: 500-10-007522-210 [ 5 ] ORDERS the appellant, after notification to the respondent, to file with the Office of the Court, no later than May 25, 2023 , fives copies of a memorandum of no more than 30 pages ; [ 6 ] ORDERS the respondent, after notification to the appellant, to file with the Office of the Court, no later than July 27, 2023 , fives copies of a memorandum of no more than 30 pages ;

[ 7 ] ORDERS the parties, in accordance with

section 18 R.C.A.Q.C.M . , to file their argument drafted on good quality white letter paper (21.5 cm by 28 cm) with at least one and one-half spaces between the lines (except for quotations, which shall be single-spaced and indented). The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm.

The text shall be reproduced on one side only of each sheet; [ 8 ] ORDERS that the documents filed include a cover page and a table of contents with pages numbered consecutively; [ 9 ] ORDERS the parties to attach a technological version as a USB key to each copy of their documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the documents filed in lieu of the brief and from the argument to the schedules.

The USB key shall be identified in the same matter as a pleading (s. 12 R.C.A.Q.C.M . ) ; [ 10 ] REMINDS the parties that they may notify and file a book of authorities with the Office of the Court at least 30 days before the hearing (s. 46 R.C.A.Q.C.M. ). The book of authorities shall be prepared in accordance with

section 44 R.C.A.Q.C.M . For the file: 500-10-007760-224 [ 11 ] FIXES the file on the special roll of June 12, 2023, at 9:30 a.m., in the Pierre-Basile-Mignault Courtroom. MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A. PETER KALICHMAN, J.A.