2018 QCCA 2032, 2018 QCCA 2032

Singh c. R. 2018 QCCA 2032 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006733-180 (500-01-117799-152) MINUTES OF THE HEARING DATE: November 16, 2018 THE HONOURABLE PATRICK HEALY, J.A. PETITIONER COUNSEL MANJEET LUBANA SINGH Mtre GEORGE CALARITIS (Me George Calaritis, avocat) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre SIMON BOULIANNE (Directeur des poursuites criminelles et pénales) DESCRIPTION: Application for leave to appeal from a conviction judgment rendered on April 12, 2018 by the Honourable Alexandre Dalmau of the Court of Quebec, District of Montreal. (Art. 675(1)

a) Cr.C. , 21 et seq. R.C.A.C.M. ) Clerk: Quentin A. Desrosiers Courtroom: RC.18

HEARING 9:29 Commencement of the hearing. Identification of counsel. The hearing is adjourned. 9:38 The hearing is resumed. 9:38 Interruption of the hearing due to the establishment of a videoconference. 9:40 Arguments of Mtre Calaritis 9:44 Comments of Mtre Boulianne 9:45 Continuation of the arguments of Mtre Calaritis 9:52 Arguments of Mtre Boulianne. 9:54 Mtre Boulianne Submits an additional authority. 10:03 The hearing is adjourned. 10:11 The hearing is resumed. 10:12 BY THE JUDGE: Judgment – see page 3. 10:14 Exchanges between the Judge and the parties. 10:16 Fin de l’audition. Conclusion of the hearing.

Quentin A.

Desrosiers Clerk BY THE JUDGE JUDGMENT [ 1 ] The question raised here concerning identification is technically a question of law, according to the Supreme Court, even if it might seem to be otherwise; leave must be granted; THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS leave to appeal solely on the question of identification. [ 3 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than January 16, 2019 five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 4 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than February 20, 2019 five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length; [ 5 ] REFERS the file to the Master of the Rolls to determine the date of a hearing of 60 minutes in duration; [ 6 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key.

PATRICK HEALY , J.A.