2022 QCCA 44, 2022 QCCA 44
Opinion
Khan c. R. 2022 QCCA 44 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007522-210 ( 500-01-186636-194 , 500-01-201958-201, 500-01-201959-209) MINUTES OF 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 was rendered in first instance directing that any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way.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: January 10, 2022 CORAM: THE HONOURABLE MARK SCHRAGER, J.A. STÉPHANE SANSFAÇON, J.A. PETER KALICHMAN, J.A.
APPELLANT SHAHID HAFEEZ KHAN PRESENT IN PERSON AND Unrepresente D RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre marianNa ferraro ( Director of Criminal and Penal Prosecutions ) (by videoconference) DESCRIPTION: Motion to request for overturning the decision & finding the offender not guilty due to the violation of his rights under sections 10, 23, 24, 25, 33, 34, 35, 37 43 and 54 of the Quebec Charter of Human Rights and Freedoms resulting from the police & the prosecution's abuse of process, conspiracy to accuse and convict the appellant and wrongful conviction (Section 675(1)a)(iii) of the Criminal Code ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:48 Commencement of the hearing.
Identification of the parties. 9:48 Submissions by Mr. Khan. 9:58 Submissions by Mtre Ferraro. 10:02 Recess of the hearing. 10:05 Resumption of the hearing. 10:05 Judgment – see page 3. Robert Osadchuck, Clerk at the hearing
JUDGMENT [ 1 ] Seeing the motion, affidavit and accompanying documents; [ 2 ] Seeing the notice of appeal on questions of law; [ 3 ] Seeing the judgment of the Honourable Lucie Fournier, J.A., granting an extension of the delay to appeal on questions of law and permitting an appeal of the
summary conviction in file 500-01-201959-209; FOR THESE REASONS, THE COURT: [ 4 ] REFERS the present motion to the bench of the Court that will hear the merits of the appeal; [ 5 ] GRANTS permission to include the grounds raised in the motion in appellant’s brief, with the exception of the
summary conviction emanating from Cour du Québec, file number 500-01-186636-194. MARK SCHRAGER, J.A. STÉPHANE SANSFAÇON, J.A. PETER KALICHMAN, J.A.
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