2019 QCCA 288, 2019 QCCA 288

Gul c. R. 2019 QCCA 288 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006985-194 (505-01-142309-166) MINUTES OF THE HEARING DATE: February 19, 2019 THE HONOURABLE STEPHEN W. HAMILTON , J.A. PETITIONER COUNSEL RAFI MOHAMMAD GUL Mtre CLARA DAVIAULT (Yves Ménard Avocats) RESPONDENT AVOCATE HER MAJESTY THE QUEEN Mtre FRÉDÉRIQUE LE COLLETTER (Directeur des poursuites criminelles et pénales) On appeal from a judgment rendered on July 4, 2018, filed on October 11, 2018, by the Honourable Justice Pierre Bélisle of the Quebec Court, District of Longueuil .

DESCRIPTION: Application for extension of time to appeal. ( S. 678(2) Cr.C . ) Application for provisional release. ( S. 679(1) Cr.C . ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:55 Start of the hearing. The applications are not contested. Address by Mtre Clara Daviault. 9:58 Address by Mtre Frédérique Le Colletter. 10:00 Exchanges between the Judge and Mtre Daviault. 10:02 BY THE JUDGE : Judgment – See page 3. End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Appellant seeks an extension of the delay to appeal from his conviction and seeks to be released pending the appeal. [ 2 ] He was convicted of sexual assault and of breaking and entering a dwelling-house with intent to commit an indictable offence on October 11, 2018 by Justice Pierre Bélisle of the Court of Quebec. [ 3 ] He was sentenced on January 22, 2019 to 14 months’ imprisonment with probation and the mandatory orders. [ 4 ] He filed the notice of appeal from his conviction on February 13, 2019 and on the same date filed his motion for an extension of the delay to appeal. [ 5 ] He explains in his motion that he was depressed following his conviction, that he was not advised of the delays for an appeal, and that he had difficulty finding a lawyer to represent him. [ 6 ] I am satisfied that the grounds of appeal do not appear devoid of merit and that the Appellant has explained the delay.

The Respondent does not contest the motion. I would therefore grant the motion to extend the delay to appeal. [ 7 ] Moreover, the Respondent acquiesces to the motion for interim release. I am satisfied that the Appellant meets the requirements set out in s. 679 Cr.C . [ 8 ] Finally, in his notice of appeal, the Appellant alleges ineffective assistance of counsel. The Appellant undertook to file a motion to the Court seeking leave to appeal on that ground.

THEREFORE, THE UNDERSIGNED : [ 9 ] GRANTS an extension of the time to file an appeal until today ; [ 10 ] GRANTS the motion for interim release and ORDERS the Appellant RAFI MOHAMMAD GUL to respect the following conditions:

a. Keep the peace, be of good behaviour and appear in Court whenever required; b. Reside at […], Brossard, […]; c. Not change his address without prior authorization of the Court or one of its judges; d. Not leave the Province of Quebec; e. Deposit his Canadian passport and any other valid passport which he holds within 24 hours of his release with the Clerk of the Court of Quebec, Judicial District of Longueuil, to be kept in the file numbered 505-01-142309-166; f. Not apply for a passport; g. Not communicate, directly or indirectly, in any way whatsoever, with A. B. or the members of her family; h.

Not be in the physical presence of A. B. or the members of her family; i. Not go or attempt to go to A. B.’s home, workplace, place of study, or recreation area; j. Comply with the Sex Offender Information Registration Act upon release; k. If not already done, contact the police authorities within 48 hours of this judgment to submit to the taking of bodily samples for the purpose of DNA analysis; l. Not possess any firearms, crossbows, restricted weapons, ammunition and explosive substances, as well as prohibited firearms, restricted firearms, prohibited weapons, prohibited devices and prohibited ammunition; m.

Deposit the amount of $ 5,000 at the office of the Court of Quebec, Judicial district of Longueuil, to be kept in the file numbered 505-01-142309-166 throughout the duration of the appeal proceedings ; n. Give to a manager or to a human resources officer of his employer, Union Taxi, a copy of these conditions within 48 hours of this release; o. Keep at all times on his person, upon his release, a copy of these conditions; p.

Surrender to the prison authorities within 48 hours of delivery of the judgment of this Court dismissing his appeal, if any, or before the expiry of any time limit that may be set by this Court; q. In case of withdrawal of his appeal, immediately surrender to the prison authorities. [ 11 ] ORDER that an undertaking with these conditions be given before a justice of the peace assigned to such matters, before the Appellant is released. sTEPHEN W. HAMILTON , J.A.